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05 01 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, May 1, 2024 5:30 p.m. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH- toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the Page 1 of 239 historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 15 a) Minutes of Development Services Committee meeting held on Wednesday, April 3, 2024. 04 03 2024 Development Services Committee Minutes 5. Public Meetings: None. 6. Public Hearings: 16 - 29 a) 5:30 p.m. DS2024-056, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-20, Doug Reid, 81 Moonstone Road East. DS2024-056 6a Presentation 30 - 47 b) 5:40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-21, Charles and Susan Keslick, 59 Parkside Drive. DS2024-057 6b Presentation 48 - 66 c) 5:50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-16, Dollard and Linda Webb, 336 Mount St. Louis Road. DS2024-050 6c Presentation 67 - 84 d) 6:00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-23, Linda & Rod Reed, 15 Maple Crescent. Page 2 of 239 DS2024-052 6d Presentation 85 - 97 e) 6:10 p.m. DS2024-059, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-24, Pat Irving, 6022 Line 7 North. DS2024-059 6e Presentation 98 - 121 f) 6:30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-22, Lisa Ricetto, 5939 Line 8 North, Oro-Medonte. DS2024-060 6f Presentation 122 - 137 g) 6:40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-03 by Shirley Guitard, 440 Line 11 North. DS2024-058 6g Presentation 138 - 159 h) 6:50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-05, Jennifer Jolie & Catherine French, 6272 Line 5 North. DS2024-054 6h Presentation 160 - 177 i) 7:00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-13, Jeff Wilson and Kristin Vandenheuvel, 504 Line 9 South. DS2024-062 6i Presentation 178 - 193 j) 7:10 p.m. DS2024-051, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-04, Brian and Heather Flemming, 1787 Line 10 North. DS2024-051 60 Presentation 7. Reports of Municipal Officers: 194 - 209 a) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road. DS2024-055 210 - 223 b) DS2024-061, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro). DS2024-061 224 - 239 c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects re: Zoning By-law Amendment Application 2024-ZBA-01 (Craighurst Limited Page 3 of 239 Partnership). [Refer to Item 5a) 05 01 2024 Council Agenda]. DS2024-049 8. Next Meeting Date: June 5, 2024. 9. Adjournment: a) Motion to Adjourn. Page 4 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, April 3, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson (left at 6:30 p.m.) Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning Special Projects; Catherine McCarroll, Senior Planner, Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron- Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Page 1 of 11 Page 5 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC240403-1 Moved by Greenlaw, Seconded by Hutcheson 4 lot It is recommended that the agenda for the Development Services Committee meeting of Wednesday, April 3, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: , None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, March 6, 2024. Motion No. DSC240403-2 Moved by Hutcheson, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, March 6, 2024 be received and approved as printed and circulated. Carried. Page 2 of 11 Page 6 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lots 11, 12, 13, 18 and 19, and all of Lots 20, 21 , 22, 23, 24, 25, 26, 27, 28, 31 , 32, 33, and 34, and part of Craig Street and Part of First Street, Registered Plan 91 , and Part of Lot 41 and 42, Concession 1 E.P.R., and Part of the South Half Lot 42 Concession 1 , Township of Oro-Medonte (formerly Medonte, County of Simcoe) 2024-ZBA-01 (Craighurst Limited Partnership). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jay Beech (Craighurst Limited Partnership). The following correspondence was received: Enbridge Gas dated March 14, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Celeste Phillips, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 11 Page 7 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. 6. Public Hearings: a) DS2024-044, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-10, Mark and Joanne Beattie, 14 Dorothy's Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Mark and Joanne Beattie. The following correspondence was received: Eric Brophy dated December 15, 2023; Greg Laughlin dated December 18, 2023; Township of Oro-Medonte, Operations Division dated March 20, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Bobbi Leppington, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-3 Moved by Hutcheson, Seconded by Clark It is recommended 1 . That DS2024-044, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-10, Mark and Joanne Beattie, 14 Dorothy's Drive be received and adopted. 2. That Minor Variance Application 2024-A-10 by Mark and Joanne Beattie specifically to construct a 8.6 square metre (92.5 square feet) enclosed front entry addition to the existing dwelling with a reduced front yard setback of 5.9 metres (19.3 feet) on lands municipally known as 14 Dorothy's Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-044. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 11 Page 8 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. b) DS2024-040, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-12, Glenn DeCiccio and Cheryl Gilas, 19 Forest Hill Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Glenn DeCiccio and Cheryl Gilas. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 20, 2024. George Vadeboncoeur, Manager, Planning Special Projects , explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Glenn DeCiccio, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-4 Moved by Schell, Seconded by Hutcheson It is recommended 1 . That DS2024-040, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-12, Glenn DeCiccio and Cheryl Gilas, 19 Forest Hill Drive be received and adopted. 2. That Minor Variance Application 2024-A-12 submitted by Glenn DeCiccio and Cheryl Gilas, specifically to: • permit an accessory building with a maximum height of approximately 4.8 m (15.8 ft), • a floor area of 167.18 sq.m (1 ,800 sq.ft), and, • a setback of 1 .0 m (3.8 ft) from both the interior side lot line and rear lot line. on lands known municipally as 19 Forest Hill Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-040. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 11 Page 9 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. c) DS2024-039, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-17, Karin & Tony Sotirakos, 8 Oak Place. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Karin and Tony Sotirakos. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 20, 2024; Nottawasaga Valley Conservation Authority dated March 25, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Doug Humphries, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-5 Moved by Clark, Seconded by Young It is recommended 1 . That DS2024-039, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-17, Karin & Tony Sotirakos, 8 Oak Place be received and adopted. 2. That Minor Variance Application 2024-A-17 by Karin & Tony Sotirakos specifically to permit construction of a 8.9 square metres (96.0 square feet) front porch and the construction of a 50.2 square metres (540.0 square feet) garage addition attached to the existing modular home that is located in the Environmental Protection Zone on the lands known as 8 Oak Place, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-039. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 11 Page 10 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. d) DS2024-045, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-18, Joanne & Alan Fennell, 153 Moon Point Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Joanne and Alan Fennell. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 20, 2024; Lake Simcoe Region Conservation Authority dated March 27, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ryan Cranstoun, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-6 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That DS2024-045, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-18, Joanne & Alan Fennell, 153 Moon Point Drive be received and adopted. 2. That Minor Variance Application 2024-A-18 by Joanne & Alan Fennell specifically to permit construction of a two-storey addition to their single detached dwelling with a reduced setback of 12.6 metres (41 .3 feet) from the watercourse on the lands known as 153 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-045. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 11 Page 11 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. e) DS2024-041, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-19, John Randall, 928 Bass Lake Sideroad. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by John Randall. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 21 , 2024; Severn Sound Environmental Association dated March 23, 2024; Joel & Deanna Faris dated March 27, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew McIntyre, agent on behalf of applicant, was present. Sarah Graham, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-7 Moved by Young, Seconded by Schell It is recommended 1 . That DS2024-041, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-19, John Randall, 928 Bass Lake Sideroad be received. 2. That Minor Variance Application 2024-A-19 submitted by John Randall, specifically to: • permit an accessory building with a maximum height of approximately 6.4 metres (20.9 feet), • a detached accessory building with a floor area, as amended, to increase the proposed detached accessory building to a maximum of 1,766 square feet (164.07 square metres) upon the owner verifying the square footage / area of the existing dwelling. • permit an apartment unit in a detached accessory building, and • to permit an apartment unit with a floor area of approximately 70.06 sq. m. (754.2 sq. ft.) on lands known municipally as 928 Bass Lake Sideroad, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2024-041. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 11 Page 12 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. f) DS2024-046, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-11 , William and Chres Lee, 23 O'Connell Lane. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by William and Chres Lee. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 20, 2024; Lake Simcoe Region Conservation Authority dated March 25, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Michelle Dada, agent on behalf of applicant, was present. Stephen Cartwright, agent on behalf of applicant, was present. William and Chres Lee, applicants, were present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240403-8 Moved by Greenlaw, Seconded by Schell It is recommended 1 . That DS2024-046, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-11 , William and Chres Lee, 23 O'Connell Lane be received and adopted. 2. That Minor Variance Application 2024-A-11 by William and Chres Lee specifically to construct a 32.8 square metre (353.0 square feet) boathouse with a 23.8 square metre (256.1 square feet) attached deck with a reduced interior side yard setback of 1 .0 metre (3.2 feet) and a deck to be attached to the existing single detached dwelling with a reduced setback to the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet) on lands municipally known as 23 O'Connell Lane, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2024-046. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 11 Page 13 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. 7. Reports of Municipal Officers: a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023- B-16 by Northern Diversified Ltd. (Bruce North), 10 Line 12 North. Motion No. DSC240403-9 Moved by Young, Seconded by Bard It is recommended 1. That DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-16 by Northern Diversified Ltd. (Bruce North), 10 Line 12 North be received and adopted. 2. That Development Services Committee grant provisional consent for Application 2023-B- 16 by Northern Diversified Ltd. (Bruce North), pertaining to lands located at 10 Line 12 North, Township of Oro-Medonte, to create a new lot having a lot area of approximately 1.3 hectares (3.2 acres) and a lot frontage of approximately 117.9 metres (386.8 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in DS2024-037. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning By-law Amendment Application 2023-ZBA-17, Trevor Moore, Jennifer Moore, Kevin Moore, 625 Line 12 North [Refer to Item 5b) 04 03 2024 Council Agenda]. Motion No. DSC240403-10 Moved by Schell, Seconded by Clark It is recommended 1. That DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning By-law Amendment Application 2023-ZBA-17, Trevor Moore, Jennifer Moore, Kevin Moore, 625 Line 12 North be received and adopted; 2. That Zoning By-law Amendment Application 2023-ZBA-17 by Trevor Moore, Jennifer Moore, Kevin Moore, specifically to rezone the retained lands from the Agricultural/Rural (A/RU) and the Mineral Aggregate Resource Two (MAR2) Zones to the Agricultural/Rural Exception 356 (A/RU*356) and Mineral Aggregate Resource Two Exception 356 (MAR2*356) Zones to prohibit residential uses, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 357 (A/RU*357) Zone to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building, on the lands municipally known as 625 Line 12 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 10 of 11 Page 14 of 239 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2024. c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Temporary Trailer Agreement, 245 Tudhope Boulevard, Gordon and Terri Hoernke. [Refer to Item 5a) 04 03 2024 Council Agenda]. Motion No. DSC240403-11 Moved by Bard, Seconded by Greenlaw It is recommended: 1 . That DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Temporary Trailer Agreement, 245 Tudhope Boulevard, Gordon and Terri Hoernke be received and adopted. 2. That Committee authorizes the request of Gordon and Terri Hoernke, to temporarily reside to a maximum of twenty-four (24) months from the passing of By-law No. 2024- 035, in a trailer on the property at 245 Tudhope Boulevard, and the trailer is to be removed after the completion of the dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. 8. Next Meeting Date: May 1 , 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240403-12 Moved by Clark, Seconded by Schell It is recommended that we do now adjourn at 7:03 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 11 of 11 Page 15 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... 746(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Brent Spagnol, Director, Development Services Meeting Date: May 1, 2024 Report No.: DS2024-056 Subject: Minor Variance Application 2024-A-20, Doug Reid, 81 Moonstone Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-056 be received and adopted. 2. That Minor Variance Application 2024-A-20 by Doug Reid specifically to permit an oversized accessory building (pool house/storage building) with a maximum height of 6.64 metres (21.78 feet) and a maximum floor area of 125.7 sq m (1,353 sq ft) on lands municipally known as 81 Moonstone Road East, Township of Oro-Medonte, be approved subject to conditions as outlined in Report DS2024-056. a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services May 1, 2024 Report No. DS2024-056 Page 1 of 9 Page 16 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-20 (Reid) needed to facilitate the construction of an oversized (height and gross floor area) detached accessory building (Pool House/Storage Building). The subject property is located at 81 Moonstone Road East within settlement area of Moonstone. The property consists of a total lot area of approximately 0.57 hectares (1.41 acres) and consists of a house Moonstone Rd E (walk-out bungalow - 450.53 square .. T .: metres) and a pool. The property has a significant grade variation sloping downward (north to south) which is typical for houses with a "walkout" feature. The property is r k= also similar to adjacent properties as a , tree vegetation has been preserved a within the back portion of the parcel. VI t m The surrounding area primarily rt: a consists of residential uses on properties that vary in size that accommodate incident residential uses such as detached garages, sheds and pools. Minor Variance Proposal The proposed pool house/storage building is to be utilized for the storage of pool supplies, provide change rooms and to store items that are incidental to the residence. The structure is planned to consist of a storage loft, which represents a half story. The minor variance application is specifically seeking relief from Sections 5.1.4 and 5.1.6 of Comprehensive Zoning By-law 97-95, which establishes standards for accessory structures regarding maximum height and total gross floor area generally intended to ensure that accessory structures are incidental/subordinate to the main use and to promote overarching consistency from a built form perspective within residential neighbourhoods. Development Services May 1, 2024 Report No. DS2024-056 Page 2 of 9 Page 17 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... PROPOSED MINOR VARIANCE Residential 1111 Zone ZONE PROVISION PERMITTED APPLICATION SECTION PROVISION Maximum Section 5.1.4 Detached 4.5 metres 6.64 metres Accessory (14.7 feet) (21.78 feet) Building Height Maximum Detached 70 sq m 125.7 sq m Section 5.1.6 Accessory (754.5 sq ft) (1,353 sq ft) Building Floor Area Schedules 1 and 2 provide a site plan and applicable floor plans for the proposed accessory building. Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? 3) Does the proposed minor variance represent desirable development for the area? 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan The Township of Oro-Medonte Official Plan designates the subject property `Rural Settlements' which permits residential uses and uses/buildings that are incidental/subordinate to the main use of the property. The proposed minor variance is considered to generally conform to the applicable `Rural Settlements' designation as the building will be subordinate to the house and is to be utilized for storage and activities that are incidental to pool related activities including the storage of items (property maintenance) consistent with residential properties. Development Services May 1, 2024 Report No. DS2024-056 Page 3 of 9 Page 18 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... Oro-Medonte Zoning By-law 97-95 The subject property is primarily zoned Residential (R1) and is partially zoned Environmental Protection Exception (EP*333) in the southeastern portion of the parcel. �J f P� fIi RUR� Rl Moons tone Rd.W. ^ Moonstone Rd. E. LC J TR1*165 � R1*16 R1*165 N d i � 334 U y R1*1I65 -R1*165 v 1 Rl*107 �1A% Existing Zoning A/RU-15 R1(Residential One) ` Subject Lands RUR2(Rural Resdential Two) Rl*107 ----- LC(Local Commercial) / P,2 R3*107 grRU(Agricultural/Rural) `C\� s Rl 107 EP(Environmental Protection) Fre Numn. OS(Open Space) R1*231(H) I — � The proposed Pool House/Storage Building is to be located entirely with the Residential (R1) Zone and maintains the general intent of the zoning by-law as the building will be subordinate to the house in height and gross floor area while accommodating pool related activities/storage that is incidental to the residential use of the property. Appropriateness The test of appropriateness is generally determined based on a variety of considerations which include the following: • Potential Offsite impacts related to the specific proposal • Character of the neighbourhood The proposed minor variance is considered to be appropriate development based on its' location within the property and on the basis that it will be similar to other buildings located within the neighbourhood from a built form and use perspective. Despite the proposed variance for height, the proposed building will be situated much lower than the house due to a significant grade difference, which is typical of houses with walkout features. Development Services May 1, 2024 Report No. DS2024-056 Page 4 of 9 Page 19 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... Negative off-site impacts are not anticipated as the proposed Pool House/Garage exceeds all setback requirements within the zoning by-law to provide adequate space from neighbouring properties. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division dated April 18, 2024- Septic verification may be required, Building permit required. • Township Operations dated April 18, 2024 — No Comment Attachments Schedule 1: Site Plan Schedule 2: Pool House/Shed Plans (Elevations & Floor Plans) Conclusion The proposed minor variance is considered to be minor as the application meets the requisite tests under the Planning Act for the following reasons: Development Services May 1, 2024 Report No. DS2024-056 Page 5 of 9 Page 20 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... - The application generally conforms to the `Rural Settlements' designation as the use is incidental to the residence; - The proposed minor variance maintains the general intent of the zoning by- law as it will be subordinate and incidental to the main residential use permitted on the property; - The application is considered to be appropriate development as negative offsite impacts are not anticipated and the building/use is in keeping with the character of the neighbourhood. Therefore, staff recommend the approval of Minor Variance 2024-A-20 subject to the standard conditions and an additional condition to clarify that the proposed Pool House/Storage Building is not be utilized for human habitation. Respectfully submitted, Brent Spagnol, RPP, Director, Development Services April 26, 2024 Background and Relevant Reports Not applicable Development Services May 1, 2024 Report No. DS2024-056 Page 6 of 9 Page 21 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... Schedule 1 — Site Plan F-c- I I IOU�'F: DEC� D ?l6Y 11' � 3 96m � ,j4af�J rjp�l$.24M 1�Z 24' �Dtn Development Services May 1, 2024 Report No. DS2024-056 Page 7 of 9 Page 22 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... Schedule 2 — Pool House/Storage Building (Elevations & Floor Plans) Elevations .,e s POOL HOUSE rye. oIU— PR®JEC'n.0 I]CFl SHEET uIC III FRONT AND REAR _... AIN DATE 5kl.l� +UvaE4. A3. 1 Floor Plans Development Services May 1, 2024 Report No. DS2024-056 Page 8 of 9 Page 23 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... C Ina i .I. -, I - i i POOL HOUSE oRAwN Br PROJECT NUMBER SHEET NAME FLOOR PLANS OAfE SCALE +/<-.'e• v �a< SHEET NUMBER A2.2 Development Services May 1, 2024 Report No. DS2024-056 Page 9 of 9 Page 24 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... W C � N Q JenneR Rr. N � - O /T UPPI lug C LLL - H z eun O - 4-0 o g U J 0- 0 ■ M 0- f-Y M Q %%-0010 M M -0 O U }, .� w a� o � .M O ° O L) U C M � — .— O O }, 'cn CO M � . . — M O M }+ p CM •— CO J O C L N LLJ O U Page 25 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... w CL �'� t ■♦♦AM O f % r g x v♦ L CD CN Q L LL C)- ry Q � CIO U 1 - 'LA � r o , L 1 a Page 26 of 239 6.a) 5:30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... 1�r� w w .a c - z N O iT O C C ca M CO •- a U .0 0- a, a cn � f-Y Q ^, g 2 a) W a Ns U O a. N N O N 0) C 4-- (6 (6 O N U) `� O U C +�-• (� o Q N Q N LU OL (n U N z a Q N O X O � d o O LU .— U O wa N O O a.0 o O O a o V L a Z a-6i a� a� O c c N O0 C)-) a g `o E `o ■ ■ L� X U X U Q� (6 C-) ._� O �¢ �¢¢ O i coC a Q (6 w a N 7 L C X > LU Z //�■�� O U 0 (6 O O a a EQ N n n Page 27 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... L% 4 e s � ` 1 i o N c� LM I -I I 0 O i I ! N OI � f-Y Q � A`■ p 5 � i G � d W I I I � I I I I II I II II I IS II I I� ■— II I II ids Oct Page 28 of 239 6.a) 5.30 p.m. DS2024-056, Brent Spagnol, Director, Development Services... Q Q L }' L W >+ !EL O O L E U) Cn O O A- F= 0 a) U E O U cts 4- a U L. •� � � L O m � w O � m m N O U i Q � Cu o ° 1 CU N N 0 OL t= cn N C= C) 07O O a) 70 N N p Q M CO O +M O N O 2 CCf a) n .� >% — N —O E -- O -0m L _� M +J o � O CO O o Cu � m UO o ff 70 N U) , O Q- o � L a) O_ O a) Cu Q) O CA U CO (n +� a) _ m Cts j ID O C-0 w w N w C/) E .Q- Cn t= 0 1 0 E }, O — s= � o � � W L0 N C) L C6 OU >+ U N a) U) U > Q O C6o U O O_ 0 O M B N U Q U) CU � U N CV i= a) Ca U a) '� — O Q O O L N G � � L U � � O_ � � m U) M >, U N CL CO o -0 LO � a o m O o �' cn > a) c� a) U }' > o L) 0) > m M L) o m o o M a Q Co ._. o cn -r- — -.- U C� Ill F- a) N OL +� Q s C N -0 U -0 LM nNN Q O N va)1 Q ' UU N _ oo Sr n o � � o O n Zt � 70 ° 0 � 0 Q � M a) sn= ai 'cn nM 70 mQ o o m CM � �, m � - Cu o m /y CC L O � L- t� CV cyi Page 29 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... WON(W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: May 1, 2024 Report No: DS2024-057 Subject: Minor Variance Application 2024-A-21, Charles and Susan Keslick, 59 Parkside Drive Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-057 be received and adopted. 2. That Minor Variance Application 2024-A-21 by Charles and Susan Keslick specifically to construct a 26.7 square metre (288.0 square feet) addition to the existing detached accessory building (garage) to permit an increased size of the garage with a floor area of 80.2 square metres (864.0 square feet) on lands municipally known as 59 Parkside Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-057. 3. The conditions are as follows: a) That notwithstanding Section 5.1.6 of Zoning By-law 97-95, the proposed addition to the existing detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after Development Services May 1, 2024 Report No. DS2024-057 Page 1 of 9 Page 30 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of the report is to provide information and a staff recommendation for minor variance application 2024-A-21 with respect to a proposal to construct an addition to an existing detached accessory building (garage). The subject property has a lot area of 0.22 hectares (0.54 acres) and consists of a single detached dwelling, a detached accessory building and a ' boathouse. Surrounding land uses consist of single detached dwellings to the east and west, Parkside Drive to the north and Lake Simcoe to the south. Minor Variance Proposal The applicants are proposing to construct a 26.7 square metre (288.0 square feet) addition to the existing detached accessory building (garage) and are seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.1.6 — Maximum Floor Area for Detached Accessory Buildings Required: Proposed: 70.0 square metres 753.5 square feet 80.2 square metres 864.0 square feet The applicant's site plan, floor plans and building elevations are attached as Schedules 2, 3 and 4 to this report. Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. The existing detached accessory building (garage) and the proposed addition to this building are located outside of the LSRCA regulated area, Development Services May 1, 2024 Report No. DS2024-057 Page 2 of 9 Page 31 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... therefore Planning Staff are of the opinion that the proposed addition to the garage is not anticipated to have any adverse impact on the Lake Simcoe Shoreline. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial policy statements and shall conform with or shall not conflict with the Provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan as the proposed structures are accessory to main shoreline residential use. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Shoreline Residential (SR)" in the Township's Zoning By- law 97-95, as amended. Accessory buildings are permitted in this zone subject to certain provisions. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the character of the area. A detached accessory building in the Shoreline Residential (SR) Zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The existing detached accessory building has a floor area of 53.5 sq.m (576.0 sq.ft) and is smaller than the existing single detached dwelling which has a gross floor area of 194.8 sq.m. (2,097 sq.ft.). As a result of the proposed addition, the garage will have an area of 80.2 sq.m. (864.0 sq.ft.) In Planning Staff's opinion, the proposed minor variance would have no new or aggravating impact on the shoreline residential area and would meet the general intent and purpose of the Zoning By-law. Development Services May 1, 2024 Report No. DS2024-057 Page 3 of 9 Page 32 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed addition to the garage will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to their scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Lake Simcoe Protection Plan • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services May 1, 2024 Report No. DS2024-057 Page 4 of 9 Page 33 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... • Township Building Division — no comments. • Enbridge Gas— no objections. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Applicant's Floor Plans Schedule 4: Applicant's Elevation Plans Conclusion Planning Staff recommends that Minor Variance Application 2024-A-21 be approved to permit a 26.7 square metre (288.0 square feet) addition to the existing detached accessory building (garage) for an increased size of the garage of 80.2 square metres (864.0 square feet) on the basis that the proposal meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, April 22, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services April 24, 2024 Development Services May 1, 2024 Report No. DS2024-057 Page 5 of 9 Page 34 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 11 245 257 275 285 �,mgava�,ge.E. (A onmM vellm qA.W. » Y 5 U L 7 w ol0 ganw qJ Q Y 754 762 776 792 .". Y �t 746 qua.qa.w. Springhome Rd. Lakeshore Rd.E. 3 783 791 799 187 18 765 775 181 759 177 712 8 169 98 82 74 68 58 - 90 690 678 9 PaOk Ide 670 99 89 662 73 81 ' 65 59 33 41 1 - i 47 1 687 Lake Simcoe 3 Location © Subject Lands Paned Heritage,Exciting Fnhur 0 loom File Number:2024-A-21 ti I i i i Development Services May 1, 2024 Report No. DS2024-057 Page 6 of 9 Page 35 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan Parkside Drive �. V ti,°�' ti ti,• ^aA INs6'S1* E�P&ut "LOCAL Tam �GN r4a ED Fa GARAGE 0 33 A EXISTIN PHALT '��= PENCE EAVES ON GARA al+EwaY I (�N LINE uNE E h y SEPTIC'• PIR y� fiP ,1 LOT 17 71 � •L• 1, Y4W 2 ' �R � °,tiff ,t yaxl>t1o.127.a9� �� °�h ti1`- `•� yi M11 i 1.N 41 � 4 .ti 59 PARKSIDE u DWELLING U .76 i"� Y ti yti�ry BOX �1 09 w .� 4.7! 0.50 ,# w 0.la h,� i.p, �ONC. PA r. .► ' `65 720 7a ti Z z ti 2WP3) ..� fi0A7FpUf1 ,,. ,,pF ,�.A ' ��CGTO PAR (`lN}Vlj 1' 2'id(PJf 1°•y 1 �T h� ryR^ ss'a !J x� �COCRVE/1M ti �, Tot of �JJ Site Plan Proud Heritage,Exciting Future File Number: 2024-A-21 Development Services May 1, 2024 Report No. DS2024-057 Page 7 of 9 Page 36 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Floor Plans 24-.0' EXISTING EXIS T IN. R EXISTING GARAGE 24'X 24'=576 S.F. c: PROP.ADDITION 16'x 18'=288 S.F. P IS RS 3'0'x6 B' EXISTING GARAGE DOOR E%ISTING GARAGE DOOR 8 C xT 0-GARAGE DOOR Floor Plans �To��f Proud Heritage,Exciting Future File Number:2024-A-21 Development Services May 1, 2024 Report No. DS2024-057 Page 8 of 9 Page 37 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Applicant's Elevation Plans ,2 q8 u CQL rn PoUN�G ro StEPL FLNSHNG .2 ACCOh1OOATE GARAGE 000 UI'tNINI.-f:CW FINh1 UN SI It TO&%Tp ---- ROOFING `C � � 4 $ � rasl rl rvAlxx� p NF.W STFE,ROOF TO -TCH F%IGIING SOWN ELEVATION MUD NEW WOW SIDING TO hNTCM EXISi1NC r r � Ira NORTH ELEVATION 12 q8 1NE5T ELE`JATION 12 ♦ Elevations )Toi f f � Proud Heritage,Exciting Future File Number:2024-A-21 Development Services May 1, 2024 Report No. DS2024-057 Page 9 of 9 Page 38 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... � y w Cd CL CD 'S 6 auil 1■E f1! w � E 0 3 7S+7�Pi�dri��� O _ 4 O _ U J aw a _ U �. Q _ U Cn C— .—O� Ca E C� .L � > o M Cn C/) a O • • �' .� �+ C ._ •— U J N O C� Page 39 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... x to L 441 Q N O a N E O p N •— O U _ U CI Cn � O Ln Q � G � U .n 0 O G O a. L Page 40 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... X `�` M.S�,L LS.4 ■1 �yy,. ' J +67 i•� T(teb�a �- C.. ) - •L. � ��-,.{`yt s t,,;i FS rp -24 le r 4��CC�� }ir. (wMK �• 6 � �( N _WN CD O C C c� c� 4 v — U U _ _ C)— �� Q C m � O Qo N\� a� (� ° U L- am C: ¢ c E cn N m s a) Cu O cn Q) 't3 :3 .� � � � � ° CC) O C Cr Cn o O N c N o ooco M O c p a. 00 00 O (6 Li Q) O O Q M E }, U Q G Q x M Li . . E 0- � C: N E N M " N . . O a) N � N o � `~ E i Ear L � Cn Cu `� �, D O _0 o Cu �o cn 70 Cn O Uci a. OU [6 O-) Page 41 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... o w Q = rt I i w O n � �• z V I I W I p I N � r' I I, 1 It ,I 1 ' 1 r , NI O N � I I, I � I O t� O CU C) jig � O R w x �{ 1 "*41-0000 ■ ■ nou so ll.oeu�ol.11 p o V C O ■ M Q w ` -TTTA I 1 ■� I b � I r M I W ' , i A I C m v r 1 I w aiwdoioia�a Page 42 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... w w +� a 1 o x .a N N O0 N a y wLU Q w uO O Z u �� U U LOx W N z N W "%-0010 N U t� Z ILL 00 o •� oN S oil o CL O a .. m i 5 O 9XXX.e G ` CIO AW C M V CL CL a Page 43 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... rf L% `s w +� a 1 o x .a N O •- N a� U) O C� CL Cz ( .. v ■� W Page 44 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... +�i••�,.qua - � � � O a 'E E ■� e, _ a N � � I � 0 = ` CL O o ` O U U x r O .� ._ ' J U t� t� _.� t .O O CL f4 r� •� 0 uj Page 45 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... rf L% `s w 1 o x .a N �TM L r �n C d) � LM j d) CIOCz d) 0 � G Page 46 of 239 6.b) 5.40 p.m. DS2024-057, Andy Karaiskakis, Manager, Planning Services ... } w f � L 0 0 > O O L O N L (n M O a) a) L 0 0 M a) -0 O � N U (6 L O •FO L U) O C - L cD .a O O CV U) O (6 Q U U O L m -0 (a O i X OE5 O O 1 U) CD �F 0 O CV O V U � � (n N O a) c � N om � E 0 o O N n_ Q (n U L o U U N -0 (n In U O � O 0 0 O O C COL �'� E o m 00—wN Fn C o 0- U c� -0 E V o o _ U (ate m (n nL >,= w .`� U (n O C Lf) ca. 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O Q CD O O U L U O W -0 Q O N - Q O W O ti En O O O fn a) O Y (n C (n r > 0 p U > v N 2 5_ .O OC\I CL_0a -0 0 O En 0 O O O fL6 L }) CV O Cu O (n L Q U O (I) C n♦ O m L) O Q U_ G W (n Q `V (6 L (B N O 0 M O U O Q O .Q O L `� 4 L '§ i Q 0--006 t6 ` Q � z > � O G� a l 0 ° O U) O N C EL N Q O 0 CD--0M U M M M N 0 0 (n O H O H O H H O L _ _ CM O O M M CO L (6 M O O L L (6 O U C O V H E N 0) Q (n C� cri Page 47 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: May 1, 2024 Report No.: DS2024-050 Subject: Minor Variance Application 2024-A-16, Dollard and Linda Webb, 336 Mount St. Louis Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-050 be received and adopted. 2. That Minor Variance Application 2024-A-16 submitted by Dollard and Linda Webb, specifically to: • permit an accessory building with a maximum height of approximately 4.93 metres (16.1 feet) and, • a floor area of 133.7 square metres (1,440.0 square feet), on lands known municipally as 336 Mount St. Louis Road, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2024- 050. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.4 and 5.1.6 of the Zoning By-law, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the height, area, and setbacks of the accessory building from the interior and front lot lines shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; Development Services May 1, 2024 Report No. DS2024-050 Page 1 of 10 Page 48 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicants obtain a demolition permit for the existing garage; e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The owners are proposing to demolish an existing 62.4 square metre (672.0 square feet) accessory building C (detached garage) and construct a new one storey 133.7 square metre (1,440.0 -_ square feet) detached garage = '-_ in front of the existing garage FIT Mo nt-St._L 1"d..P_ _ in the front yard of their 1 F property at 336 Mt. St. Louis Road. The property is 0.79 hectares (1.9 acres) in size with a single detached home and a small accessory building. An aerial photo is attached as Schedule 1 to this report. Minor Variance Proposal The owners are seeking relief from the maximum size and height for a proposed detached building (garage) under the provisions of Zoning By-law 97-95, as amended. The applicants' sketch is attached as Schedule 2 to this report and elevation and floor plan drawings are attached as Schedules 3 and 4. Sections 5.1.4, and 5.1.6, Zoning Provisions for an accessory building (detached garage) are as follows: Section 5.1.4 Maximum Height Required: Proposed: Maximum height for a detached garage — 4.93 metres (16.1 feet) 4.5 metres 14.7 feet Development Services May 1, 2024 Report No. DS2024-050 Page 2 of 10 Page 49 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Section 5.1.6 Maximum Floor Area Required: Proposed: Maximum floor area for a detached garage 133.7 square metres (1,440.0 square feet) - 70 square metres 735.5 square feet Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan The subject lands are designated "Greenlands" under the Township Official Plan and the County Official Plan. The Township and County Official Plans generally allow for the consideration of ancillary accessory uses on residential properties. The applicants are proposing to demolish an existing garage and replace it with a new larger garage. The property is generally covered with grass, with trees on the easterly boundary and at the north end of the property. The treed area to the north is part of a designated woodland area. An Environmental Impact Study (EIS) was deemed not to be required for this application as the proposed new garage is to be located further away from the woodland area than the current garage. Staff is of the view that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans as the new garage will be accessory to the main residential use of the property. Do the variances conform to the general intent and purpose of the Zoning By-law The subject property is zoned "Agricultural/Rural (A/RU)" under the Township's Zoning By-law 97-95, as amended. Accessory buildings are permitted in this zone subject to certain provisions (building size and height). Development Services May 1, 2024 Report No. DS2024-050 Page 3 of 10 Page 50 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... The general intent of Zoning By-law provisions related to maximum building size (height & floor area) are to ensure that accessory buildings are subordinate to the main use, size of the property, neighbourhood character and to ensure that sufficient distance is provided between buildings and lot lines to ensure safe unencumbered access and avoid potential offsite impacts related to drainage. Planning staff are of the opinion that the proposed building and location maintain the general intent of By-law 97-95, as amended for the following reasons: - The proposed size (height and area) of the detached garage will remain subordinate to the main use being the single detached dwelling, which has a gross floor area of approximately 185.8 square metres (2,000 square feet); - The proposed one-storey garage is to be located further east on the lot than the current garage, providing a greater view of the house from the road as can be seen on the applicant's sketch attached as Schedule 2; and, - The proposed new garage is of a size that is scaled appropriately based on the size of the property. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the shape of the property, the size of the building in relation to the existing home, where the building is proposed to be situated, and its proximity to the front lot line and is satisfied that the accessory building is not out of character on the property. It will be located approximately 26.4 metres (86.6 feet) from the front lot line and 18 metres (59.0 feet) from east property line. Staff is of the view that the building is proposed to be located in an area that is well suited for its' use as a garage, in close proximity to the location of the garage being demolished, with access off the existing driveway, as can been seen on the aerial photograph attached as Schedule 1. Based on the above, Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested minor variances to the height and size are minor in nature and they are not anticipated to have any adverse impacts on the neighbouring rural properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Development Services May 1, 2024 Report No. DS2024-050 Page 4 of 10 Page 51 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— No comments • NVCA— No objection Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Schedule 4: Floor Plan Conclusion Planning Staff recommends that Minor Variance Application 2024-A-16 be approved, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Development Services May 1, 2024 Report No. DS2024-050 Page 5 of 10 Page 52 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, April 22, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 24, 2024 Development Services May 1, 2024 Report No. DS2024-050 Page 6 of 10 Page 53 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph . ........ ... { a 2's Mount St. is Rd.E. - Aerial Q Subject Lands Proud Heritage,Exciting I j:: .. 0 100 Ill File Number 2024-A-16 N 1 i Development Services May 1, 2024 Report No. DS2024-050 Page 7 of 10 Page 54 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicants Sketch i. 61V a r z9 UTA i I i�ilGnvf. R, I a i 1 � ' ^fin gi ii II Development Services May 1, 2024 Report No. DS2024-050 Page 8 of 10 Page 55 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Building Elevations —_ _ _ PEAK OF A90F AID POINT Op ROOF _ _TOPOF PLATFF _ E ®FA9CµA -- M:a'2R.'ICI4[t ITYPI B IFFRm'f rs• 4 k HE E__ w b sr_rw;wN e•wae G2JIF(fvP� TOPOF /FIN.GRA E __�'ld.ATIr'RQLL r6OfL �RIIJC.VZ PNGINF,P.�FO tll/AI;1Y:'; THIS FACE WAST BE AMINI4IAM OF 4 21.FRONA PROPERTYLI E FRONT ELEVATION B^..uE•w�•1 a __— _ _—PEAK0 H94F _—_ 4 _ M[D POINT OF ROOF _ TOP DF PLATE Phk.PIN311BD PASP.A& HUI°LG WMI;rvI'1 P veHreDsaFrrtlT•PI ,•s. " B M e TOP OF mlf:G VYN,rFNO•m GRFDG��TY•; SLAWFIN.GRADE ______________ ENCPF &_AB Ttl3 FACE'AUBT BE A MINIJUM OF'.w FRCMA PRCPERTY•.frill REAR ELEVATION SOALS IA'•1'41 ASP 7SH1U3FS(T1PI -mom EE&K.QfVQF 0 1 _ MID POINT OF @OQE_ TAr0f P1AIB_ f PREFINISNW FA9CW HORIL.8DIN0(m+l F W VBIfFD 60FfR(fYPI N @ � m PgNG MIN.F'ABOVE TOPE % TOP OF 8LA&FIN.GRADE -------------------------------------------- ENtlNccom BIAS ITTTJ THIS FACG MUST BEA MAIIALM OF 1.2,FRCMAPROPERTY LINE LEFT ELEVATION BGALetm•=r-0• AGFHALTS4INGLFS IfYFI —PE&KZ ROQL- ._TQM PLATE..._... — PREFr1911EDFASCIAA IIORC 8IGINGITYPI E � venrEPsorrRmPl !n � N � i F4, � aIGING Mn.rnreovt: TOP OF FS TOP SLABIFIN.GRADE ____________________ ENGINEBIEC S1F13('TP) THIS FACE MUST BEA MINIMUM OF 12,FROMAPRCPERTY LNE RIGHT ELEVATION SCALE.Ire'+5'U Development Services May 1, 2024 Report No. DS2024-050 Page 9 of 10 Page 56 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... Schedule 4: Floor Plan 5' 3'•6" Wog 003 4.0 -W — T 36 'M.D. I 2- -27a4 I I I I I b i I b 1 A E3 I� $1 "0r I' T I I 1 I I I I j I APPROVED R OF TRUSSES 1 DESIGNED I Y SUPPLIER 1 Wool GARAGE 41 § N � ENOINEE ED SLAS 1 {SEE STRUCTURAI.SLAB DRAWINGS I I I a p i I r I I I I I� Qj I I I I 1 b I I I o 1 A•7 I I 1 A-7 I I 2-2.6 242X4 2x4 TYPICAL WALLASSEMSLY-3 --- --- j] HORV-SIDING I_ __ 2-9'x1a' 'O.N.DOOR. -— 41-W '0 38'x8 'M D,_ AIR HARRIER D01 W01I D02 7061 OS6 SHEATHING 2`xO'STUDS® le'Q'C 11'-0" W-W 3'-6' 2 A-6 Development Services May 1, 2024 Report No. DS2024-050 Page 10 of 10 Page 57 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... w w +� a 1 o x .a c�/ IT TV1 N � y O N � o � O / 4-0 p U .� W Q _0 N M U O 0� D Ca .U) .� o Q t� i _ > 4-; -a M C/) C: O U . . . . M C W M M o • • ♦"' C •— G� •— u J N O C� Page 58 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... LM a 0 `> S 4-0 CL CL U a a� (D M (L) Q — O } LL .� m t. ^, \� 0 '� U U H Q) a) a) W N N 0 L J a) N w ai U o cci a� O O � N (6 Lca N (6 X O 0- U c M M -0 N W � O N Ecn N rR O N O O o f Q 1.l Q I` N c� 0" c]"c�i > U > O O r Q `J M G M O O CL 4 CL `. O N M O N -0 -0 u7 im N 0 cu O� a) a) Uri ate-- U Q N (6 (0 ti O R1 a) E N T 2 LL L E � n lf7 L , - E O E N (L t/1 of E _ N _ M 0 M L p O N (6 2 O Q� fn T M In (} O U Ln 0 � f� O }�— L M N M Ln a) O co Q) N N � a) = a) LO ti = a) a) X (n T O L I` O L C E E L L N �-- U O = . O = ' cv cr li M M c n U) (n -0 � C� 0 Page 59 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... w a O - LM N - � O - o N CL � O O AAA O CU -0 L -0 LL 0L Q � 5 �O 7 41 9 0 T O f ` a a � � Oct Page 60 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... 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W a _ E O N L Q jCF) 0 o � O f O O CO ^ CM M •OL O 0L 3: -W Q W O •— O � O y 74 J C U) o O O co CM M Page 63 of 239 6.c) 5:50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... �1 R a ` 0 i O d- CD N '- O .N N J7t- - W O 4-0 U � Q N U c • > y O x O CD 5 G O O Page 64 of 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... > L 0 f i N O 0 0 W L Q ^, � 00 L L W O U U � 0 > O �S r i O y t O Page Af 239 6.c) 5.50 p.m. DS2024-050, George Vadeboncoeur, Manager, Planning Specia... w E w O O In — � _0 O L > L ` U _O nn,� y O C6 O C ^L�♦♦ a O O (U O En E L E V //•�� E .� a) Q N p L+ U E -0 Ocn O +� +� O — O �} (6 CD En � � m _ L V O U O _0 O a)U N � L � � o U O _ L N En o a �� � � o Q O _D co O O .V U L a) C _ _0 O CU O O cn O O O CU }j O O Q y O (B � B O O a) O cm O U 3^1 O � m f6 c O ^ L m O Ur OEn Q CM Z O XLO E U 0 0 � � N •� � U) C O 0 0 •W LL �' N fn O fn L L — ^, a? a) (nO O L a .u) cm a) C VJ a- E co U � c_ a� U 0 E O J O E LD E O) 0 n L O ; Z � � o n U m O � E L CL a) p co O U O O _ C O O N O (n L O U 0 L a) O O CU CD U) a) M 0 M � 0 o M -0 (n � � U ca N a O O +� 0 L~ — O c N O O T O 5 N CL O CO U -CC14 T L O U 3 E (6 O T U Q O U (6 U U O E N Q L L U o 0 L � �� E � n.Qp ._ (B (6 t6 C O O L E LO u) Q. Q L O '� � �= L O O Q M M co CA ca_0 Z ca ca to O CU O a) Q' a) a) 0 0 �+ L O Q+ O OEO m + + + O Uj OIn .� +6 +6O_ +6 +6 +6 _ L U L L a)0 0 0 U L M -0 U _0 C a) H Q to .cn N C6 Page 66 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... 4 % 1 Township of Staff Report Proud HeritnQe, Excitir;� Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: May 1, 2024 Report No.: DS2024-052 Subject: Minor Variance Application 2024-A-23, Linda & Rod Reed, 15 Maple Crescent Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-052 be received and adopted. 2. That Minor Variance Application 2024-A-23 by Linda & Rod Reed specifically to enclose the carport and convert it into a 31.2 square metres (336.0 square feet) attached garage to the existing modular home located within an Environmental Protection (EP) Zone on the lands known as 15 Maple Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-052. 3. The conditions are as follows: a) That notwithstanding Section 3.1 Table A5, Section 5.16.1 (c), Section 5.18 and Section 5.27, the proposed attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 1, 2024 Report No. DS2024-052 Page 1 of 10 Page 67 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re- Minor... Background The purpose of this report is to provide information and a staff y recommendation to H Development Services to facilitate the conversion of the existing carport into a garage J attached to the existing modular , home within the (EP) Zone for a property located at 15 Maple Crescent. Big Cedar Park is a residents'- Il' owned nonprofit corporation �aF containing 230 mobile homes on 76.3 hectares (188.6 acres) of land at Bass Lake Sideroad East and Line 12 North (refer to Schedule 1). The retirement community has existed for over 30 years. The roads within the r Park are private and are not maintained by the Township. The parcel is zoned "Agricultural/Rural Exception 7 (A/RU*7)" and "Environmental Protection (EP)" in the Township's Zoning By-law (refer Schedule 3). However, the lands affecting 15 Maple Crescent are entirely zoned Environmental Protection (EP), which does not permit residential uses on the lands. The applicants have obtained permission from the Residents Association to convert the existing carport into an attached garage. Proposed Minor Variance The applicants are proposing to enclose the carport and convert it into an attached garage to the existing modular home located within the "Environmental Protection (EP) Zone". The applicants are seeking relief to the following sections of Zoning By-law 97-95: Development Services May 1, 2024 Report No. DS2024-052 Page 2 of 10 Page 68 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... ZONING BY-LAW 97-95 SECTION ZONE PROVISION PERMITTED/REQUIRED PROPOSED 3.1, Table Permitted uses in Only existing uses Enclose the existing A5 the Environmental permitted. carport and convert it Protection Zone No buildings or into an attached structures, except those garage to the existing required for flood or modular home. erosion control. 5.16.1(c) Enlargement, Non- Does not increase a Increase the floor complying situation of non- area of the structure Structures compliance. in the EP Zone. 5.18 Non-conforming Buildings or structures Enclose the existing Uses existing before November carport and convert it 5, 1997. into an attached garage. 5.27 Setbacks from No building or structure 0 metres from the EP Limits of shall be located within 30 Zone boundary. The Environmental metres (98.4 feet) of the existing modular Protection Zone boundaries of the home and the Environmental Protection proposed garage are Zone. located within the EP Zone. The applicants' site plan is attached as Schedule 3 to this report. Analysis Provincial Policies The Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe ("Growth Plan") establish policies intended to provide policy guidance regarding various Provincial interests including, but not limited to Rural Areas, Natural Heritage, Water and Natural Hazards. The purpose of the policies is to ensure that land use decisions are consistent with Provincial objectives and to ensure that proper justification is provided so that Provincial Interests are being maintained. The natural heritage policies state that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The lands subject to the minor variance (15 Maple Crescent) are located more than 120.0 metres (393.7 feet) from the natural heritage features and are not expected to have an impact on natural heritage features located within the area. Furthermore, the proposed development is separated from the key natural heritage features by multiple modular homes with no foreseen impact on the features. Development Services May 1, 2024 Report No. DS2024-052 Page 3 of 10 Page 69 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Although portions of Big Cedar Estates are regulated by the Nottawasaga Valley Conservation Authority (NVCA), the subject lands (15 Maple Crescent) are not regulated; therefore, the application was not circulated to the NVCA for review. Based on the above, it is Planning Staff's opinion that the proposed minor variances are consistent with the PPS and conform to the Growth Plan as the proposed development is not anticipated to have an adverse impact on the nearby natural heritage features as the alterations to the existing residential use are located within an existing residential neighbourhood. County Official Plan The subject property is designated "Rural", "Agricultural" and "Greenlands" in the County of Simcoe's Official Plan, yet the lands subject to this application (15 Maple Crescent) are designated "Rural" within the County Plan, which permit limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the garage is an addition to the existing permitted residential use. Note: For applications to extend a legal non-conforming use, the consideration is to be based upon both the desirability for development of the property in question and the impact on the surrounding area. An application for an extension of a non-conforming use does not have to meet the four tests for a minor variance. Township of Oro-Medonte Official Plan The subject lands are designated "Rural", "Greenlands" and "Agricultural" in the Township's Official Plan. The proposed development at 15 Maple Crescent is located within the "Rural" designation. Schedule C delineates the Natural Heritage, Water Resources and Hazards of the Township's Official Plan (refer to Schedule 4). The lands subject to the minor variance (15 Maple Crescent) are located more than 120 metres from natural heritage features referenced within Schedule C. Therefore, the proposed development is not anticipated to have any adverse impacts on the adjacent natural heritage features and based on a site visit there were no recognizable environmental features in close proximity to the subject property. With respect to non-conforming uses, Section 5.27.5 contains provisions that the Township may consider when assessing the appropriateness and impact of a Minor Variance for the extension or enlargement of a non-conforming use. Development Services May 1, 2024 Report No. DS2024-052 Page 4 of 10 Page 70 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Planning Staff have reviewed these provisions against the proposed development and are of the opinion that the development is in compliance with these provisions as the proposed construction is not anticipated to aggravate the existing situation as the modular home is surrounded on all sides by modular homes, buffering it from the natural heritage features. The proposed addition would constitute the extension of the existing non-conforming use and the expansion of the non-conforming dwelling would be considered to be in keeping with the character of the surrounding residential area. Based on the above, it is Planning Staff's opinion that the proposed minor variances are considered to conform to the Township's Official Plan. Township's Zoning By-law The subject property is zoned "Agricultural/Rural Exception 7 (A/RU*7) Zone" and "Environmental Protection (EP) Zone" in the Township's Zoning By-law 97-95, see Schedule 3. However, as previously mentioned, the subject property (15 Maple Crescent) is entirely zoned "Environmental Protection". The Township's Zoning By-law limits the types of uses that are permitted in the "Environmental Protection Zone" in order to ensure that environmentally sensitive features are not negatively impacted by development and to ensure that development does not place people and property at risk of natural hazards (Eg: flooding). Section 5.27 of the Township's Zoning By-law prohibits buildings and structures within 30 metres of the boundary of the "Environmental Protection (EP) Zone". The applicants are proposing a setback of 0 metres from the (EP) Zone boundary as the existing modular home is located entirely within the (EP) Zone. Section 5.18 of the Zoning By-law contains provisions related to "Non-Conforming Uses" intended to ensure that existing non-conforming uses on properties in the Township may not be expanded, such that the expansion may result in an increase in a degree of incompatibility or cause any adverse impacts. As noted, Planning Staff did not identify any environmentally sensitive features near 15 Maple Crescent. In Planning Staff's opinion, the proposed garage is not anticipated to have an adverse impact on the nearby natural heritage features or any of the neighbouring land uses as they will not extend beyond the developed the area of the property and will not result in additional habitable area. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services May 1, 2024 Report No. DS2024-052 Page 5 of 10 Page 71 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects— No comments. • Township Building Division — No comments. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Zoning Map Schedule 4: Township Official Plan — Natural Heritage Features Conclusion Planning Staff recommend that Minor Variance Application 2024-A-23 be approved, specifically, to enclose the carport and convert it into a 31.2 square metres. (336.0 square feet) attached garage to the existing modular home located within the "Environmental Protection (EP) Zone", on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, April 23, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 26, 2024 Development Services May 1, 2024 Report No. DS2024-052 Page 6 of 10 Page 72 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map onmM vellm qA.W. » • 7 010 ganw qJ qd`RS q�q.w Iz! N C rQ\to x Oak N 1844 0 2088 < Qa \elite p`Q Fero Oi �aQ oe�aoV- Ga e9 C� CDa w Donald Dr.(PVT)m x a —71 C Bass Lake_Sr_d.E._ -- — — 1952 Location Subject Lands 0 T ; /YY Proud Heritage,Exciting Fwure 0 loom File Number:2024-A-23 ti i i Development Services May 1, 2024 Report No. DS2024-052 Page 7 of 10 Page 73 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Applicant's Site Plan E 13 MAPLE two 77 1vg4v0+ . U1-Rro�t �j r str r Ii,unsliy�J,� Site Plan Proud Heritage,l.xcitir q Futurr File Number:2024-A-23 Development Services May 1, 2024 Report No. DS2024-052 Page 8 of 10 Page 74 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Zoning Map Id I tea.xe.w. EP d J Q rQ�� _ DakA (n Big Cedar Park Rq A/RU A/RU*7 ameron DC U A/RU*7 Carver°nor lVvl) Donald Dr.(PVT) Bass-Lake Srd.E• I� A/RU A/RU Existing Zoning � A/RU(Agricultural/Rural) �� `_I Subject Lands EP(Environmental Protection) %otvnsitip�� Ic Proud Heritage,Lxcitiug Future 0 100 m File Number:2024-A-23 Development Services May 1, 2024 Report No. DS2024-052 Page 9 of 10 Page 75 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... Schedule 4: Township Official Plan — Natural Heritage Features old Rd. Rd E �:wa epe w Z r %Q�` < ` � a eio oe ` Gad e90 P� d N � Ca I ron�i•IP�SI Donald Dr.(PVT) a — — — -- — _Bass-Lake_Srd-E• p Township Official Plan - Natural Heritage, Water Resources and Natural Hazards `Z Subject Lands ANSI Permanent Streams -�Regional,Life Intermittent •_mot/ Science Streams s Surface Water Woodlands TnwasDip f MNR Evaluated �Treed Wetlands Hedgerow Proved Heritage,Exciting Foam, _ MNR Un-Evaluated 0 300 fn File Number:2024-A-23 Wetlands N I I I I Development Services May 1, 2024 Report No. DS2024-052 Page 10 of 10 Page 76 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... -N E 4 auk - - M - - N w ■ ■ #'s 'O�e, c G! 1 G I N eJ caO � HIII 5I.IPYT1 Cameron L O ■ 4-0 v O U J - - ry ~ O �i (1) O N U � o _ X ■� N W � 4-0 t6 U — N 4-0 O U M � o Q a� (u i C N :3 > .N G U :3 W c . . M — . . +� O O Q W J N O C� C�.� .� Page 77 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... w W M U) l C .0 NCL CL C M U -0 .� (D s (D 0 cn O 0 � v, Y � c v � +r N O tv ai O O c c`�v r o M c M N tm(U N U N N rn� `m � N a� wNow � xo O _ +r w inc ow � c cc Yw " (6 c � c axi o N w E E a� c 0 o c cryo o • c NA � wy ? o a a 6 .0M V) f O ° 2 O) — c ° > ° nWa) ay wc O o o � � ago aoo0 d0 — U d o ( w u d u CD o N LLJ o cr c U E rc)ic C 4— f/) C _ v O L O d 0 � w a) o E z w v c " °u o M U O ±2 � O OC y O of U CD- D d C y E O O } � .V A :t x a) arc N Q- m E E Q c E M v N - 0) m = uio E x 0 NYc �_ � cc m n (n -%ee 20 . . N CL cn u c y =o v u 0 0 O Q w M u m u W U E H N a+ a g o ' cn o16 6 ` te a 70 O on t o z O a) O � "N Z T (� (A 1CL O i O CC Q)Q lfl C 00 `O C p�00 N L O N O "' v X ea Lri v o 6 am ay v c c � Nao c � c c c � c � •� V) j o f �.a � o � � g Elm o as � A U u `vco � uauo ua`s � `- u (U a)C li 2 w � co O z 4 � o co ca E w Page 78 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... 410 Jh L 'Ccc � +� C► N � s c �r we 5 t= _ Ir03 a c ' t co IMM = Q c� � � L Z M O — N 3 w+ r x ' 'sa ca O O ry C Park Rd.(PVT) LMM O t1 , -- w Li U ~ tz O � � w L r ■ K'a �'o CC �. rY; y�o ` f 9 �` 'c O oJ�J v A N Y /Qv a u, ■� e 0 S � IV tiJ W Page 79 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re- Minor... w Err-[ I'•1m M � N � V 0 I ._ N c) I � II U � Q fy U tz •L- tz - H rJ V 1 (^O o 0 a a� a Page 80 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... w o x O yfi.x � s r �/A w+ wvw+I+ W ' W V co �- (V d) Q � O d) CL � J co 0 -0 N (D Q � O O U d) � U . O O ` O j J Page 81 of 239 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... w \ w O N ■ V M +� N o Q a 0 > w ■0 O cz Illl ! O G � O E W Page 82 of 239 eat r,�r e �W RPi s�s fi � a 41Sms y a 9, C g Yk • d Q a ag s71 - a; 6.d) 6.00 p.m. DS2024-052, Catherine McCarroll, Senior Planner re: Minor... w U m M a) L M E o v) o 0 F2 ° m - QL ti N a) E O +r � N a)L � E� a)U U _Q— a) Lf� � }' O Q co m � � � ° � .00 ° c a) (� Ln ° >, O 1 u°i Ma) o N O > � _M o 0- - E -0m F V _O N N _� > E U N ° � o ° Qom >, :5: cn i �j Qom _ cn O c� o � o � � � � m -a) N U 0- O — -0 C L a) a) a) Q M � ���/�� o � � EC Q Y .� VJ L L O Q) C p � � � �^`` �, � O � O � U U -0 ° r -c � � a) •�.L W a) odN O O >+ U (n L.` N 0 � c ^, M J M 0_ p U cn W � a) O a) a) V co � � o Q) 0 > Q co U o ° ° a)CL N � � � � L SOU U Q ca a) a) , cn N +2° E iii U L 'E Q LO (6 M U00 O o U E o o M +r r�l cn c� L 0- a" (� O N Q cn '> M cn r m ° L } � Q) N � a) MM cn 0- L — Q 0 .,.- U J +� O cn O N 0 :3 z M ° Q o L L -c cn U) L O U cn ° Q ° ° � ° a) Uo +r L o ° H � H H U) o 4— 4— > - M � = r N C6 Page 84 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... 746(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Brent Spagnol, Director, Development Services Meeting Date: May 1, 2024 Report No.: DS2024-059 Subject: Minor Variance Application 2024-A-24, Pat Irving, 6022 Line 7 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-059 be received and adopted. 2. That Minor Variance Application 2024-A-24 to specifically permit an oversized accessory building (garage/shop) having a maximum height of 5.3 metres (17.6 feet) and a maximum floor area of 217.0 sq m (2,340 sq ft) on lands municipally known as 6022 Line 7 North, Township of Oro-Medonte, be approved subject to conditions as outlined in Report DS2024-059. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services May 1, 2024 Report No. DS2024-059 Page 1 of 8 Page 85 of 239 6.e) 6:10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-24, which is intended to provide relief from the comprehensive zoning by-law for total gross floor area and height. The subject property is located at 6022 Line 7 North within the northern portion of the municipality. The property consists of a total lot r area of approximately 1.01 hectares (2.5 acres) and consists of a house (576.56 square metres-6,206 sq ft inclusive of garage) and two accessory structures. The property consists of significant tree cover primarily within the eastern half. 4 a a The surrounding area primarily consists of rural and agricultural properties that are either being cropped or predominantly covered °- with tree vegetation. Minor Variance Proposal The proposed garage/shop is to be utilized for the storage of various items that are incidental to the residential use which include property maintenance vehicles, recreational vehicles and trailers. The minor variance application is specifically seeking relief from Sections 5.1.4 and 5.1.6 of Comprehensive Zoning By-law 97-95, as amended, which establishes standards for accessory structures regarding maximum height and total gross floor area generally intended to ensure that accessory structures are incidental/subordinate to the main use and to establish a standard for built form to align with the permitted uses/needs of a given neighbourhood/location. PROPOSED MINOR VARIANCE ZONE PROVISION PERMITTED APPLICATION Development Services May 1, 2024 Report No. DS2024-059 Page 2 of 8 Page 86 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... SECTION PROVISION Maximum Section 5.1.4 Detached 4.5 metres 5.3 metres Accessory (14.7 feet) (17.6 feet) Building Height Maximum Detached 100.0 sq m 217.0 sq m Section 5.1.6 Accessory (1,076 sq ft) (2,340 sq ft) Building Floor Area Schedules 1 and 2 provide a site plan and applicable floor plans for the proposed accessory building. Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? 3) Does the proposed minor variance represent desirable development for the area? 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan (2024) The Township of Oro-Medonte Official Plan designates the subject property `Greenlands', which is delineated to identify natural heritage features that require further review and justification prior to development occurring u to avoid negative impacts to the feature. The Greenlands designation in this case delineates r: significant woodland features within the subject lands, which is currently utilized for residential and zoned accordingly. Greenland policies typically require an Environmental pY�,..y v. Impact Study for development to occur within an area identified as a significant woodland. Based on the size Development Services May 1, 2024 Report No. DS2024-059 Page 3 of 8 Page 87 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... of the property, volume of tree vegetation within the property limits and that the building is in a cleared location lining up with a historical access, staff are not requiring an Environmental Impact Study. Therefore, the proposed building is not anticipated to have a negative impact on the greater woodland feature and the proposed minor variance is considered to generally conform to the applicable `Greenlands' designation. Oro-Medonte Zoning By-law 97-95 The subject property is zoned Agricultural/Rural (A/RU), which permits residential uses and accessory structures such as detached garages, sheds, gazebos etc. The proposed garage/shop is to be located in the front yard of the property and will comply with all setback requirements of the zoning by- law. The proposed building maintains the general intent as it will be incidental to the main use as it is needed to store lawn maintenance EL— equipment, motorhome, cars and other •• recreational vehicles. The proposed building would also remain Existing Zoning � subordinate to the house (576.56 square `�Subject Lads �El(E.mnr-hehctm) metres) as noted in the previous chart and is similar to accessory buildings typically located on residential properties in Agricultural/Rural areas, which tend to be larger than those located within a more urban setting. Appropriateness The test of appropriateness is generally determined based on a variety of considerations which include the following: Potential Offsite impacts related to the specific proposal Proposed Building is devoted to items typically stored for residential uses. Neighbourhood character The proposed minor variance is considered to be appropriate development based on the building location within the property as there is significant visual buffering provided by existing tree vegetation. In addition, the proposed location of the building would be situated at a lower elevation (Approximately 2.43 metres-8 feet elevation difference) than the existing house resulting in the accessory being less than the height of the house. Off-site impacts are not anticipated as the proposed garage exceeds all setback Development Services May 1, 2024 Report No. DS2024-059 Page 4 of 8 Page 88 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... requirements within the zoning by-law to provide adequate space from neighbouring properties. The development is also considered appropriate as the building is similar to accessory buildings located on larger residential properties within Agricultural/Rural areas whereby additional storage space is required for property maintenance and recreational vehicles. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comment • Township Operations- Comments of April 17, 2024 withdrawn as proposed building is to accessed via existing access from Line 7 North. Attachments Schedule 1: Site Plan Schedule 2: Garage/Shop (Elevations & Floor Plans) Development Services May 1, 2024 Report No. DS2024-059 Page 5 of 8 Page 89 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... Conclusion The proposed minor variance is considered to be minor as the application meets the requisite tests under the Planning Act for the following reasons: - The application generally conforms to the `Greenlands' designation as the use is incidental to the residence; - The proposed minor variance maintains the general intent of the zoning by- law as it will be subordinate and incidental to the main residential use permitted on the property; - The application is considered to be appropriate development as negative offsite impacts are not anticipated and the building/use is in keeping with the character of the neighbourhood and is to be utilized to store items typical to residential uses located in Agricultural/Rural areas. Therefore, staff recommend the approval of Minor Variance 2024-A-24 subject to the standard conditions. Respectfully submitted, Brent Spagnol, RPP, Director, Development Services April 24, 2024 Background Information/Relevant Reports Not applicable Development Services May 1, 2024 Report No. DS2024-059 Page 6 of 8 Page 90 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... Schedule 1 — Site Plan KE PLW ® o' 6022 7c w i �Y ,s ,r >Fng'n.r gt. icd� Pamcivlrrrirnq ,,..w WLL: Malin 1t.2024 2s ON eTH ODS5 72f i22AIMB l u[�crntr of woax SY"e LI.Y MILL t aicr ann Pm,atlt acoren.rue PgtkuMalSrorage SMI�9 ac.. 60221M]OiNaT �.. MUPco7 R ... u...owuw�nv.• Moo-IDiw oN ESIGN RRItn S P Development Services May 1, 2024 Report No. DS2024-059 Page 7 of 8 Page 91 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... 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(V [J m N ■ ■ n a k � N a) N U) cn O M U � � Q N o Cn Y go Eor U � a' v Q U) i L L u� i CO CO 2- L u) a. L6 NC"i 75 0 U Q � U) Q N O O O O [6 M M woz p Z O Cu L _O Ltd O Q u� �, C FA O U) ti N [6 � ww .4 �O U © � � M � L Z 8 O - M G Z U Q >, W 0 M t6 (6 N m �+ 0 +n O m p m a) mac!) � O Nm a > E E �w O }, a ILCuw . . v C N u- O -0 0 U) X Z Q � C N O w0 � M M O OV -0 � z U r- a _o O O L N y ca ii U) Q U) U) U) Page 95 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... Q 'rt �} w o x .a O a r a d s N i;hh'. gyp, O_ 0- '- QED U 1.Ci p O . . tM C .0 G LM in V � aw Page 96 of 239 6.e) 6.10 p.m. DS2024-059, Brent Spagnol, Director, Development Services... Q O � w 0 � _ O :3 L x L O O O O U O L M L U) > a) O L LO a) Q U E � 0 0 U (6 o E M M U a) O O M O Cn � a � •U U m Q7 L 0 (6 1 N a) Q a) U) (6 U L M4- Q -CM a) CO (y O> O oNz U) (6 CD(� +r fn E cm-0 Etio a)� m � � � U4 = � oa) S Q O C 0 L� JN a) U) a) O U� � O N a) � NN � -0 U) 70 p Or O Qtip (n _ ( Cn _n O JUp i CO 0 �\ -0 M U) U) i T O (6 O N U)U U a) O � O L o 0- o m o o m U) M1 a) U Q (6 >' O 75 C > �O (6 (6 LO a) M M a) rl> > Q U O (n 70 M U) 1 � O a)VJ O C — L U N N a) U) L) O U a) +r CVE � o -0 O L � a) m C� CL me: co � aa) m 0 � NL- Q � Q � o u o a�i C: C:) M '� a) _0v� N 0) a O • • L) > o } a� cn U) � L Q- .— > � � Q � oo � o L0 . L�L Z M Q N U) C: L a) o MM N O L 0 a) +r O +r 1— p � 0) � H Q O U) > y-+ Q y-+ r O O a) o- O C �- O L a) L M _M Mo Q � H EL M T ML a) � H 0)N -0H M -0 U _0 QCn O V r N M Page 97 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: May 1, 2024 Report No.: DS2024-060 Subject: Minor Variance Application 2024-A-22, Lisa Ricetto, 5939 Line 8 North, Oro-Medonte Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-060 be received and adopted. 2. That Minor Variance Application 2024-A-22 submitted by Lisa Ricetto, specifically to: a) legalize a 142.7 square metre (1,536.0 square feet) two storey addition to the existing non-conforming building to expand the home industry on the ground floor, and, b) convert the entire second floor (existing and proposed) into an accessory residential apartment unit, and relief to the following sections of Zoning By-law 97-95 as amended: Section 5.18 - Non-Conforming uses: To legalize the construction of a 142.7 square metres (1,536.0 square feet) two-storey addition to an existing non-conforming building (home industry use - woodworking shop) and convert the existing loft and add the proposed new second floor space to create an accessory apartment unit. Development Services May 1, 2024 Report No. DS2024-060 Page 1 of 12 Page 98 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... • Table B4 (C) — Setback Provisions for Buildings Except Single Family Dwellings (Home Industry): Existing building and proposed addition — 15.4 metres (50.6 feet) to interior side lot line. • Section 5.1.1 — Uses Permitted in Detached Buildings: Proposed apartment dwelling unit is to be constructed on the second floor of the detached accessory building. • Section 5.1.4 — Maximum Height: Proposed at 7.5 metres (24.5 feet) • Section 5.1.6 — Maximum Floor Area: Proposed at 540.1 square metres (5,813.8 square feet) • Section 5.4 — Apartment Dwelling Units Accessory to a Single Detached Dwelling: Proposed Apartment to be located in a detached accessory building • Section 5.4 (c) - Maximum Floor Area of an Apartment Dwelling Unit: Proposed at 247.5 square metres (2,664.0 square feet) on lands known municipally as 5939 Line 8 North, Oro-Medonte be approved subject to the conditions as outlined in Report DS2024-060. 3. The conditions are as follows: a) That notwithstanding Table B4 (C), Sections 5.1.1, 5.1.4, 5.1.6, 5.4, 5.4 (c) and 5.18 of the Zoning By-law, the existing accessory building and proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the height, area, and setback of the proposed addition to the existing Accessory Building shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) That the applicant maintain or enhance the existing vegetation along the northerly property lines; d) That the applicant obtain confirmation from their designer that the existing on-site septic tank and system is appropriately sized for their needs and likewise maintenance demands; e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 1, 2024 Report No. DS2024-060 Page 2 of 12 Page 99 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Background Property Location Map The applicant currently has an existing x 390.3 square metre (4,202.0 square feet) non-conforming two storey building on their 9.6 hectare (23.7 acre) property off Line 8 North used for a home industry (woodworking shop and loft area). The F existing building was constructed under rE permit in 2008 as an agricultural building i� and then converted to a wood working shop with a second floor loft. The property currently has a single family home, two - accessory buildings and two shipping containers. An aerial photo is attached as Schedule 1 to this report. The applicants are proposing to legalize a 142.7 square metre (1,536.0 square feet) two storey addition to the existing non-conforming building to expand the home industry on the ground floor and convert the entire second floor (existing and proposed) into an accessory residential apartment unit. The Building Department observed that construction of the addition was started without a building permit and issued an Order to Comply necessitating an application for minor variances. The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Minor Variance Proposal Section 5.18 — Non-Conforming Uses Required: Proposed: No lands shall be used and no building or To legalize the construction of a 142.7 structure shall be used except in square metres (1,536.0 square feet) two- conformity with the provisions of this By- storey addition to an existing non- law unless such use existed before the conforming building (home industry use - date of passing this By-law and provided woodworking shop) and convert the that it has continued and continues to be existing loft and add the proposed new used for such purpose, and that such use, second floor space to create an accessory when established, was not contrary to a apartment unit. By-law passed under Section 34 of the Planning Act. Table B4 C , Provisions for Buildings Except Single Family Dwellings Home Industry Required: Minimum setback from interior Proposed: Existing building and proposed side lot line — 30 metres 98.4 feet addition — 15.4 metres 50.6 feet Section 5.1.1 — Uses Permitted in Detached Buildings Development Services May 1, 2024 Report No. DS2024-060 Page 3 of 12 Page 100 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Required: Proposed: Not to be used for human habitation. An apartment dwelling unit is proposed to be constructed on the second floor of the detached accessory building. Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres (14.7 feet) 17.5 metres (24.5 feet) Section 5.1.6 — Maximum Floor Area Required: Proposed: 100.0 square metres (1,076.4 square feet) 1 It floor: 292.6 square metres (3,149.8 square feet) 2nd floor (apartment): 247.5 square metres (2,664.0 square feet) Total floor area: 540.1 square metres (5,813.8 square feet) Section 5.4 — Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: Permitted in a single detached dwelling. Proposed to be located in a detached accessory building. Section 5.4 c - Maximum Floor Area of an A artment Dwelling Unit Required: Proposed: 70.0 square metres 753.5 square feet 247.5 square metres 2,664.0 square feet The applicants' sketch is attached as Schedule 2 to this report and elevations and floor plans are attached as Schedule 3 and 4. Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 1, 2024 Report No. DS2024-060 Page 4 of 12 Page 101 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Greenlands under the Township and County of Simcoe Official Plans due to woodlands area and unevaluated wetland on the easterly portion of the subject property. The westerly portion of the property is developed with a single family home, large accessory building and large circular driveway. Accessory buildings are permitted in the Greenlands designation. Staff are of the view that the principle of development has already been established on this parcel of land in proximity to the woodland area and that the proposed variances to expand the size of the accessory building and permit a large second floor apartment unit would not impact the woodland area. Planning staff is of the opinion that the proposed variance conforms to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agriculture/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Accessory buildings are permitted in this zone subject to certain provisions. They are subject to maximum size restrictions (maximum height and maximum floor area) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the character of the area. A detached accessory building in the (A/RU) zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The existing detached accessory building was constructed in 2008 as an agricultural building and has a total floor area of 390.3 square metres (4,202 square feet) on both floors and is located 43.6 metres (143.0 feet) from the main house. The owners then converted the use of the building to a home industry (woodworking shop and loft), which was a permitted use in 2008. The building is larger than the existing single detached dwelling, which has a gross floor area of approximately 199.3 square metres (2,146.0 square feet) according to MPAC records, which is typical of agricultural buildings in the rural area. In 2013 the Zoning By-law was amended to delete home industry as a permitted use in the A/RU zone, thereby making the accessory building a legal non-conforming use. The applicant would like to now construct an addition to the building and convert the second floor to an apartment unit. It is noted that the applicant has already started construction of the addition and the variances are required to legalize what has already been built. Upon visiting the site, staff noted the 9.6 hectare (23.7 acre) property is well treed and the accessory building is setback from Line 8 North. The proposed addition is being added to the rear of the building and will not be visible from the front. Given the large size of the property, staff is of the opinion the addition would not over develop the property or detract from the character of the area. Other than the addition, there are no other physical changes to the property being proposed. Development Services May 1, 2024 Report No. DS2024-060 Page 5 of 12 Page 102 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Staff reviewed the proposed variances to the Zoning By-law in the context of the existing non-conforming size of the building and its existing use and is of the view that the proposed variances conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the large property and where the building is situated on the property The subject property is heavily treed along its boundaries, including a mature cedar hedge along the front property line screening the property from the road. There is a break in the trees along the north property line adjacent where the neighbour is building a new garage. The trees in this area should be preserved and enhanced to provide additional screening from the neighbouring property; a condition reflecting this is being recommended by staff. There is evidence on the property of the woodworking business, with stock piles of materials and equipment located in various places in the rear yard. There is another approximately 784 square metre (8,438.9 square feet) accessory building (garage) located near the single detached dwelling. There is also large cultivated areas at the front of the property, and a small chicken coup located near the subject accessory building (woodworking shop). See applicant sketch attached as Schedule 2 for additional information. Due to the location of the accessory building addition at the rear of the cleared area on the property and existing vegetative buffer, Planning Staff is of the opinion the addition is appropriate in this context and not out of character on the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested minor variances to the height and size of the accessory building and addition, and the variance to permit an accessory apartment unit, are minor in nature and are not anticipated to have any adverse impacts on the neighbouring properties. As indicated earlier, the addition is being constructed at the rear of the existing accessory building (woodworking shop) and would not be noticeable other than from the one neighbour to the north. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services May 1, 2024 Report No. DS2024-060 Page 6 of 12 Page 103 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— Provided the following comments: o Building permit and change of use required for addition and use of second floor for residential. o Life safety report may be required for the proposed residential use. o Septic permit/verification required to indicate services support the use. • Nottawasaga Valley Conservation Authority— Provided the following comments: o No objections to the application. o Permits are required from the NVCA for the proposed addition due to the close proximity of unevaluated wetland and the property falls within the regulated area. Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Schedule 4: Floor Plans Conclusion Planning Staff recommends that Minor Variance Application 2024-A-22 be approved, specifically to permit: Development Services May 1, 2024 Report No. DS2024-060 Page 7 of 12 Page 104 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... an accessory building with a maximum height of approximately 7.5 metres (24.5 feet), an accessory building with a floor area of approximately 540.1 square metres (5,813.5 square feet), an accessory apartment dwelling within an accessory building, and, an accessory apartment with a floor area of 247.5 square metres (2,664.0 square feet) for a property municipally known as 5939 Line 8 North, Oro-Medonte, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, April 22, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services April 26, 2024 Brent Spagnol, RPP, Director Development Services April 26, 2024 Development Services May 1, 2024 Report No. DS2024-060 Page 8 of 12 Page 105 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Arial Photograph o1„�...,.w. a,..�.ad.E. ll 4. Md Pd. 1 'i. 41 C J c ,f - '7� r `f Aerial Q Subject Lands Ti,u�rtsf,ip�f Proud Heritage,Exciting Future 0 100 rn File Number:2024-A-22 ti I Development Services May 1, 2024 Report No. DS2024-060 Page 9 of 12 Page 106 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Site Plan Sketch P.nad Eth line north Gravel driveway Water Drainage Ditch to road Ditch o vegetable fetid garden cedar tree line �'1 1 �t l 1� _ 1 '1 1 yrP. culvert for drainage ditch y StOIID water pond ectmg garage _ grain bin the drainage q"to storm water pond til drainage;'pipe to storm drainage pond l spruce tree line eAtmgdrilled well drimway lim stone •_J &Misting building tile drainage;pipe Property line septic bed lines 3 4" sloped driveway to tree line Lmstigg septic tank ------ - 3=- -- Proposed Addition to existing building _ $0'-7 t!e' the drainage q"pipe to storm drainage pond � c sloped drizewarto tree line slope from bui sloped driveway i tway from proposed addition Development Services May 1, 2024 Report No. DS2024-060 Page 10 of 12 Page 107 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Elevations ELEVATION DRAWING OF PROPOSED ADDITION TO EXISTING BUILDING proposed addition to building existing budding ELEVATION DRAWING OF EXISTING BUILDING 4 F r ao 0 'o N Development Services May 1, 2024 Report No. DS2024-060 Page 11 of 12 Page 108 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... Schedule 4: Floor Plans SECOND STOREY FLOOR PLAN FOR EXISTING AND PROPOSED ADDITION dormer window stair ta, dormer window window case "--trusses unusable space ; window window { existing washroom e)ds*V building second storey space proposed addition space existing building loft space window pp window jirusses unusahte space a -_ y; � -- -rrr`� window - - dormer window T Zpatio tltlpS '—dormer window donner window PROPOSED ADDITION SECOND STORY LOFT SPACE ]M1T.]XIO WlOOYV IlAOR MORI ]xt DOUHF WALL MTE ]%i SlUO]rOR WNLrPw1NG a �i's'su��oort AovArrccrzc snecn ]M1T-D(10 W]OOW MlAoel � roa wAumros e b �� v�� co]rrns rxTorm�i�in�s�vrs .fs ]M1Y.UnOMlr000pl IGOlI ]RY.]](I4 WPW W MFAO91 rCA tUrUrf WMx OYT W.COnYgFIX Development Services May 1, 2024 Report No. DS2024-060 Page 12 of 12 Page 109 of 239 6.� 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... w � o x .a F= N ' 1 N - - - - --- - - - -� - - Q � N � O � N � , 4-0 v _V 0 J , 0 •U Q ry N `-0010 C) Ca � > z M M UUr. �/. d' 'L W Ln o • • .- a� J N O C� Page 110 of 239 6J) 6.30 p.m. DS2024-060, George Vadeboncoeur, Manager, Planning Specia... w - e 0 W s N N O CL 4-0 CL Oct U ---j _ A--j O .0 Q n/ o c� 0 L o L- c UCUMM -0 0 O O C O O O L a) O 0- N am--' = � 00 00) aD0 M L 0- N M N LO 5 - O G V 0 O Cr)�- N N (6 Q 3: Ln M >- O 0 -0 U) i 70 O N 0 � O M M O O N 0 0) -0 0 m 'M 0 0 � � �� 4- a) O Q +r 0 . . 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(n- n a) O CD- CO a L o C ' LO CL En O O Q- O ' CL -0 E U a) O }, ca O CQ O U O O O OL O a U Q i O N U a) O O O N CMo Q a) O UO O_ U O rA LO cn +r p 0 Q _ c6 O > }' `� N � E Q p �= E o o Z U o o V ---+ � � � � `� Sao 2CL > 41 C6 N a) J O M Ll N O O LO J U) 70 O O o OL o m cu O — V -c- o U L) 0 -0 O > m o o a) O v� 0 m N m co > Q n '` U a) O r O cn O o Q N X o a� 0 O ° m o m > a � N — M0 � � OL � ° N - Q Q- U, 0) - }' -0 -0 O c� . . o a� 0 C 0 o c c oo m 0 .0 m C O � Q- p C .N CQ U1 -0 CD C: :3 C 0 .L �. cn N to 0 -0 Q O 0- O a) Q- w+ O a) U a) !Ea) O a) + ca 'cn CL ovH t6H U1 U) H HH .THC) U fn c6 U a) N M Page 121 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... �_ (W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager Planning Services Meeting Date: May 1, 2024 Report No.: DS2024-058 Subject: Consent Application 2024-B-03 by Shirley Guitard, 440 Line 11 North Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2024-058 be received and adopted. 2. That Consent Application 2024-B-03 by Shirley Guitard, to permit a boundary adjustment having a lot frontage of approximately 48.7 metres (160.0 feet), a lot depth of approximately 45.7 metres (150.0 feet) and an area of approximately 0.2 hectares (0.5 acres) to be added to the property municipally known as 422 Line 11 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-058. 3. The conditions for Consent Application 2023-B-12 are as follows: a. That the severed lands with an area of approximately 0.2 hectares (0.5 acres) be merged in title with the abutting property to the south, 422 Line 11 North, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. Development Services May 1, 2024 Report No. DS2024-058 Page 1 of 9 Page 122 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... b. That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c. That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte. d. That all municipal taxes be paid to the Township of Oro-Medonte. e. That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. f. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g. That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h. That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a total lot area of approximately 0.45 hectares (1.11 acres) and are located on the west side of Line 11 North. The subject lands support a single detached dwelling and a detached accessory building. Surrounding land uses consist of scattered rural non-farm dwellings and agricultural uses (refer to Schedules 1 and 2). The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment/lot addition (refer to Schedule 3), as noted below: Development Services May 1, 2024 Report No. DS2024-058 Page 2 of 9 Page 123 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Lands to be Severed Lands to be Retained Total Merged lands from (440 Line 11 North) (422 Line 11 North) 440 Line 11 North and Added to 422 Line 11 North Frontage: Approximately 48.7 m Approximately 51.5 m Approximately 99.6 m 160.0 ft. 169.2 ft. 326.9 ft. Depth: Approximately 45.7 m Approximately 45.7 m Approximately 45.7 m 150.0 ft. 150.0 ft. 150.0 ft. Area: Approximately 0.2 ha Approximately 0.23 ha Approximately 0.4 ha (1.0 0.5 ac. 0.58 ac. ac. Use: Vacant Residential Residential Residential No new lots are proposed as a result of the boundary adjustment/lot addition. Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including boundary adjustments/lot additions which do not result in the creation of a new lot. Based on the above, the proposed boundary adjustment is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed consent for a boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the proposed development will be compatible with the rural landscape and will not result in the creation of a new lot or new development. Planning Staff are of the opinion that the application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff have reviewed the consent application in the context of the LSPP and have determined that the LSPP is silent on and does not restrict consents for legal or technical reasons such as easements. Based on the above, Planning Staff are of the opinion the applications conform to the LSPP. The Lake Simcoe Region Development Services May 1, 2024 Report No. DS2024-058 Page 3 of 9 Page 124 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Conservation Authority (LSRCA) has been circulated the subject application; Committee should have regard to any comments received from the LSRCA. County of Simcoe Official Plan The subject lands are designated "Agricultural" in the County of Simcoe's Official Plan. Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). The purpose of this application is to reconfigure lot lines, would not create new lots but would increase the size of an existing lot. Notice of this application has been circulated to the County, but as of the preparation of this report County Staff have not provided any comments; Council should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated "Agricultural" in the Township's Official Plan. Section 2.5.6 of the Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be also be permitted for legal or technical reasons, such as for ... (iv) Minor boundary adjustments;..." (p.55). The lands to be severed are not currently under cultivation or suitable for cultivation and therefore the proposed boundary adjustment would not take any agricultural land out of production. Planning Staff is of the opinion that this application, if approved, will not negatively affect the functionality or viability of the retained parcel. On the basis of the preceding, it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Zoning By-law 97-95 The severed lands and the benefitting lands are currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The below chart compares the benefitting lands and the retained lands with the minimum lot size and lot frontage of the Township's Zoning By-law: Zoning By-law Lot Frontage Lot Area Requirement: 45.0 metres (147.6 feet) 0.4 hectares (0.98 acres) Total Merged Lands Approximately 99.6 m Approximately 0.4 ha (1.0 ac.) (422 Line 11 North) (326.9 ft.) Retained Lands Approximately 51.5 m Approximately 0.23 ha (0.58 ac.) (440 Line 11 North) (169.2 ft.) Development Services May 1, 2024 Report No. DS2024-058 Page 4 of 9 Page 125 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... The retained lands would not meet the minimum lot area requirements; as a condition of consent approval, the applicant must apply for and obtain a Minor Variance Application for the retained lands. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staffs opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received. • Township Infrastructure and Capital Projects— No comments. Development Services May 1, 2024 Report No. DS2024-058 Page 5 of 9 Page 126 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-03 for the purposes of a boundary adjustment be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, April 22, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services April 24, 2024 Development Services May 1, 2024 Report No. DS2024-058 Page 6 of 9 Page 127 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 529 • i,CME. ear.na.w. 472 _ 440 547 Z 422 m 404 J — 391 344 337 176 193 285 Location Subject Lands Of, tt'ru1tlP eI Proud Heritage,Exciting Futwe 0 loom File Number:2024-B-03 ti I i i i Development Services May 1, 2024 Report No. DS2024-058 Page 7 of 9 Page 128 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo _ 4 .Me v.nry ad.w. I ad ea,ia t , f z a c J ■ r C Aerial Q Subject Lands Proud Heritage,Exciting Fulto, 0 100 Ill File Number:2024-B-03 Development Services May 1, 2024 Report No. DS2024-058 Page 8 of 9 Page 129 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Proposed Boundary Adjustment 4P CIO r r] e Toip of Proposed Boundary Adjustment Proud Heritage,Exciting Future File Number: 2024-13-03 Development Services May 1, 2024 Report No. DS2024-058 Page 9 of 9 Page 130 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... w --� w a 1~ I CO _ Jr �T _-— M � tttt I U I I f _I L N O 0 J o U 4-0 -a Q � O 4-_' U4-5 (� C) •U) C) U Q � IZI- 'L W o • • .- a� ♦"' C •— G� •— U J N O C� Page 131 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... w o x - W V+ CL M H m U) N r p N O tU U 4-0 -a Cn G O UN ll nun 0 0 a a� Oct Page 132 of 239 6.g) 6.40 p.m. DS2024-058, Andy Karaiskakis, Manager, Planning Services ... G My ,�' � ' N -_ N - � a M o � aa M cU U �n a) ti V R 4-0 0) y taco cvow m � C a) N 2 x o O 4-0+ 10 :� a a U 0 W p — a L C iA P- C7 (� W 2 i[7 V , o r 0 0 N C ar r m cv as U a � m 0 C d rL Q. 06 (0 U) 0 J . . U _0 �--' 0 O Q r tl1 r. r, N � N C 00 In C �.. 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E 2 ® g % E \ \ U 2 ƒ_ 0)£ > ± f \ C 4-j 0 � C: L / CD g / > / / ° ° z CL I m Q 2 d \ S \ 7 2 0 « to > cn CL % _ 3 \ = R0� 2 CL / \ \ \ k \ < / 0 @ \ Z @ .§ % ) 0 _ ? 9 5 - _ r \ \ \ ( k \ \ \ \ / \ \ \_ \ CI) 9 & / \ \ f ) / \ / ƒ ) � @ a = R n \ § \ / § \ _ § o = / /E 2 \ 0 a 4 a s \ � CO Page137 0 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... - AL (W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: May 1, 2024 Report No.: DS2024-054 Subject: Consent Application 2024-B-05, Jennifer Jolie & Catherine French, 6272 Line 5 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-054 be received and adopted. 2. That Consent Application 2024-B-05 by Jennifer Jolie & Catherine French, to permit a boundary adjustment having a lot frontage of approximately 26.0 metres (85.3 feet), a lot depth of approximately 195.0 metres (639.8 feet) and an area of approximately 0.8 hectares (2.03 acres) to be added to the property located at 6210 Line 5 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-054. 3. The conditions are as follows: a) That the Applicant close the existing driveway on the lands to be severed and merged with 6210 Line 5 North, to the satisfaction of the Operations and Community Services Department. b) That the severed lands with an area of approximately 0.8 hectares (2.03 acres) and approximately 26.0 metres (85.3 feet) of frontage on Line 5 North be merged in title with the abutting property in the middle, described as Concession 5 Part East 1/2 Lot 23 Reference Plan 51 R17855 Part 1 (Medonte), and that the provisions of Sections 50(3) and 50(5) of the Development Services May 1, 2024 Report No. DS2024-054 Page 1 of 12 Page 138 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that survey costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 1, 2024 Report No. DS2024-054 Page 2 of 12 Page 139 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Background The subject lands have a total lot area of approximately 36.5 hectares (90.12 acres) according to MPAC records and are located on the southwest corner of Line 5 North and Vasey Road. The subject lands support a J pp .. .. . single detached dwelling and a various accessory buildings. Surrounding land uses consist mostly of agricultural and woodlots. Proposed Boundary Adjustment The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment/lot addition (refer to Schedule 2) as noted below: Lands to be Severed from Lands to be retained Total Merged lands 6272 Line 5 North and (6272 Line 5 North) (6210 Line 5 North) merged with 6210 Line 5 North Frontage: 26.0 m (85.3 ft.) Approx. 701.0 m Approximately 102.2 m 2,300.0 ft. 335.3 ft. Depth: Approximately 195.0 m Approximately 768.0 m Approximately 195.0 m 639.8 ft. 2,520.0 ft. 639.8 ft. Area: Approximately 0.8 ha (2.03 Approximately 35.7 ha Approximately 1.99 ha ac.) (88.1 ac. 4.9 ac. Use: Vacant, to be merged with Agricultural and Residential the existing residential use woodlot No new lots are proposed as a result of the boundary adjustment/lot addition. Analysis Provincial Policies The Provincial Policy Statement (PPS) permits lot adjustments in prime agricultural areas for legal or technical reasons. `Legal or technical reasons' include easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Development Services May 1, 2024 Report No. DS2024-054 Page 3 of 12 Page 140 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Planning Staff are satisfied that this application can be classified as a minor boundary adjustment as it would not result in the creation of a new lot and is not anticipated to negatively impact the viability of the retained farmland as these lands are not being farmed. County Official Plan The applicable land use designations for the applications are `Agricultural' and `Greenlands'. Similar to Provincial policies. `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot". On this basis, Planning Staff are satisfied that the proposed boundary adjustment is considered minor as the proposed lot addition is not anticipated to negatively impact the viability of the retained farmland or the residential lot to receive land as part of this process. On this basis, Planning Staff is of the opinion that the application generally conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' and `Greenlands', and the benefitting lands are entirely designated `Agricultural' in the Township's Official Plan, see Schedule 4. Section 4.8.7 allows for the consideration of general boundary adjustment policies provided that the boundary adjustment will not negatively affect the viability of any agricultural parcels affected. Based on the fact that the lands are not being farmed, Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the `Agricultural' policies stated in the Official Plan, and conform to the boundary adjustment policies contained in Section 4.8.7 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the retained agricultural parcel. Based on the above, Planning Staff are of the opinion that this application conforms to the Township's Official Plan. Township's Zoning By-law The subject lands are zoned `Agricultural/Rural (A/RU)' and `Environmental Protection (EP)' and the benefitting lands are zoned `Agricultural/Rural (A/RU)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The `Environmental Protection Zone' serves as a buffer around a watercourse, floodplain, evaluated wetland and unevaluated wetland that run through the middle of the property. Development Services May 1, 2024 Report No. DS2024-054 Page 4 of 12 Page 141 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... The lot configurations of the severed and retained lands that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By- law. The total merged lands would remain under 2 hectares (4.9 acres); therefore, remaining a residential lot, as it would not be large enough to permit an agricultural use. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meet the requirements of the Planning Act and that no plan of subdivision is required. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comments. • Nottawasaga Valley Conservation Authority— No objection. • Enbridge — Do not object. Attachments Development Services May 1, 2024 Report No. DS2024-054 Page 5 of 12 Page 142 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Schedule 1: Location Map Schedule 2: Proposed Boundary Adjustment (use the one in the notice) Schedule 3: County of Simcoe Official Plan — Land Use Schedule 4: Township Official Plan — Land Use Schedule 5: Township Official Plan — Natural Heritage Schedule 6: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-05 for the purpose of a boundary adjustment/lot addition be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, April 24, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 24, 2024 Development Services May 1, 2024 Report No. DS2024-054 Page 6 of 12 Page 143 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Schedule 1: Location Map r- y {� ,�.. 171: epee J J Vase, Rd. 23 4791 6481 4553 6243 —62722 - 6415 � 6210 6231 6239 6086 rill Location ® Subject Lands linvnslup if —1�1��(l7GG�� Proud Heritage,Exciting FeUar 0 100rn File Number 2024-B-05 Development Services May 1, 2024 Report No. DS2024-054 Page 7 of 12 Page 144 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Schedule 2: Proposed Boundary Adjustment - fakotlyU -�t-,- L2-to Cane 5c� C>OAKS ToLe Lands to be severed from 6272 Line 5 North and merged with 6210 Line 5 North o� VI ao r r A i n � Benefilting Lands (6210 Line 5 North) Aoo / AOp J �v TounrsJrip o� Proposed Boundary Adjustment Proud Heritage,F.xcitirkV Fut«rr File Number:2024-13-05 Development Services May 1, 2024 Report No. DS2024-054 Page 8 of 12 Page 145 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Schedule 3: County of Simcoe Official Plan — Land Use d l aaa VaseLi y Rtl�z3 z z m ui c c J J County of Simcoe — Land Use ^� r.Subject Lands Agricultural -1�+ � Greenlands T, nsI- of Proud Heritage,Exciting Future o 100 m File Number:2024-13-05 N LLLLJ Development Services May 1, 2024 Report No. DS2024-054 Page 9 of 12 Page 146 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: Conse... Schedule 4: Township Official Plan — Land Use = I I . E j d ep ea w Vas-ey�Rd�23 II z v �c J FN J 1 Township Official Plan - Land Use `Z Subject Lands Agricultural Greenlands TinunsDipo� Proud Heritage,Exciting Foam, 0 100 M File Number:2024-B-05 Development Services May 1, 2024 Report No. DS2024-054 Page 10 of 12 Page 147 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re- Conse... Schedule 5: Township Official Plan — Natural Heritage �.Rd.E. a �d old aw.r na w.' ae w.n.na.E. I' d as.pew n I� Vase;Rd._ II I� r riv J L I i JJIT7 Township Official Plan - Natural Heritage, Water Resources and Natural Hazards 1 �� Subject Lands Surface Water Intermittent MNR Evaluated Streams Wetlands Woodlands TnwasDip of MNR Un-Evaluated Treed � Wetlands Hedgerow Permanent Streams PlantationPrand Heritage,Exciting Fulm, ' D 300 M File Number:2024-B-05 N I i i 1 Development Services May 1, 2024 Report No. DS2024-054 Page 11 of 12 Page 148 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re- Conse... Schedule 6: Existing Zoning Rd 1 . a� 0 _ a — — Vasey Rd.-- ?a os L i —�-- — — - A/RU / J it Ell J � A/RU I Z r� ai c A/RU rEP Existing Zoning AJRU(Agricultural/Rural) Subject Lands EP(Environmental Protection) 'humshiygf. ^- OS(Open Space) Prond Heritage,Exciting Futurr 0 100 m File Number.2024-A-16 ti I Development Services May 1, 2024 Report No. DS2024-054 Page 12 of 12 Page 149 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re: ConseL-7 ... w J�c x O O � •o - i M H — .U 06 N Q � � cn o — w p o U � +-j U U •� '� N Q Q N }' W � ( N w O (D c� Page 150 of 239 6.h) 6.50 p.m. DS2024-054, Catherine McCarroll, Senior Planner re- Conse... w } G o V C E� �o n i` 4 J' u O M L.� •U 4-1 L R O O m r m z — _ T ^ „` O win ych60) 76M i (�J � � y c � Ln 6 or corn EnE � � va L — OU O o x X xo cY c o o n ~ � Q Q Q � 4-0 �� '+-� `0 m U) O a E m o S c VJ NCL oo > oy M O oc x o ,� E06 'S m .. � o E E c.r O (� a N X N x0 °D M U a n a M 06 a 'o 4 ¢ a v U O E to v O ° d E N 3 o M 0r0 M � CO Qre can ` v v N 010 w z f° ono ago E y C aW3zE E � co � oCY c a�i N o _ ■ ■■ a+ N W N 0 X C ''n a. 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WON(W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: May 1, 2024 Report No.: DS2024-062 Subject: Minor Variance Application 2024-A-13, Jeff Wilson and Kristin Vandenheuvel, 504 Line 9 South Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-062 be received and adopted. 2. That Minor Variance Application 2024-A-13 by Jeff Wilson and Kristin Vandenheuvel specifically for permission to build a detached accessory building with an increased height of 6.65 metres (21.8 feet) and an increased floor area of 222.2 square metres (2,392.0 square feet), on lands municipally known as 504 Line 9 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-062. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after Development Services May 1, 2024 Report No. DS2024-062 Page 1 of 10 Page 160 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 9.2 hectares (22.7 acres) and contains a single detached dwelling and a detached accessory building. An aerial photo is included as Schedule 1 to this report. The applicants are proposing to build a detached accessory building to be located between the dwelling and Line 9ejR South. Minor Variance Proposal i i The owners are seeking relief from the maximum size and height for a proposedz _ detached building (garage) under the ' ®' provisions of Zoning By-law 97-95 as amended. The applicants' sketch is attached as Schedule 2 to this report and elevation and floor plan drawings are attached as Schedules 3 and 4. ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED Section Maximum Height 4.5 metres 6.65 metres (21.8 feet) 5.1.4 (14.7 feet) Section Maximum Floor 100.0 square 1 st floor garage: 5.1.6 Area metres (1076.4 117.9 sq.m. (1,270.0 sq.ft.) square feet) 2nd floor: 104.2 sq.m. (1,122.0 sq.ft.) Total floor area: 222.2 sq.m. (2,392.0 sq.ft.) Development Services May 1, 2024 Report No. DS2024-062 Page 2 of 10 Page 161 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. The proposed detached accessory building (garage) is located outside of the LSRCA regulated area, therefore Planning Staff are of the opinion that the proposed garage is not anticipated to have any adverse impact on the natural heritage features in the watershed. Comments received from the LSRCA state that the proposed development is not located within the regulated area and a permit will not be required. Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated 'Green lands' with a very small section designated `Rural', in accordance with the Township Official Plan and the County Official Plan. The Township and County Official Plans generally allow for the consideration of ancillary accessory uses on residential properties. In accordance with Schedule C — Natural Heritage, Water Resources & Hazards of the Township's Official Plan, a Significant Woodland is located approximately 85.0 metres (278.8 feet) to the south of the proposed garage. Section 2.13.13.5 and Section 2.13.13.6 of the Township's Official Plan state that accessory structures are permitted in the Greenlands designation subject to: "demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetation protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure". Development Services May 1, 2024 Report No. DS2024-062 Page 3 of 10 Page 162 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... The applicant submitted correspondence to the Township in support of their development proposal. In this, they indicate that the location of the proposed garage is to be located in the same area once occupied by the previous dwelling; the area of the proposed garage has remained clear of vegetation from the previous dwelling, and no further clearing or cutting of plants or vegetation will be required. An Environmental Impact Study (EIS) was deemed not to be required for this application as the proposed new garage is to be located in the same location where the previous dwelling used to be located. Staff is of the opinion that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans as the new garage will be accessory to the main residential use of the property. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned `Agricultural/Rural (A/RU)' in the Township's Zoning By- law 97-95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted in the A/RU Zone pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a detached accessory building with an increased floor area and increased height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid- roof. The applicants have requested a variance to permit a height of 6.65 metres (21.8 feet) to permit a two-storey building. A detached accessory building in the `Agricultural/Rural (A/RU) Zone' is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The applicants are proposing to build a detached accessory building with a total floor area of 222.2 sq.m. (2,392.0 sq.ft.). The main level is proposed to have an area of 117.9 sq.m. (1,270.0 sq.ft.) and will be used as a garage and the second floor is proposed to have an area of 104.2 sq.m. (1,122.0 sq.ft.) and is proposed to be used for storage. The applicants have indicated that the existing dwelling has a ground floor area of 199 sq.m. (2,143 sq.ft.) with a finished basement; the attached garage, which has a floor area of 97.9 sq.m. (1,054.0 sq.ft.), has been converted to living space. With a need for additional garage and storage space, the applicants are proposing to construct a new two-storey detached garage with a gross floor area of 222.2 sq.m. (2,392.0 sq.ft.). Planning staff are of the opinion that the proposed building and location maintains the general intent of By-law 97-95, as amended, for the following reasons: Development Services May 1, 2024 Report No. DS2024-062 Page 4 of 10 Page 163 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... - The proposed size (height and area) of the detached garage will remain subordinate to the main use being the single detached dwelling, which has a gross floor area of approximately 495.9 sq.m. (5,337.8 sq.ft.); - The proposed two-storey garage is to be located in a cleared area on the lot without the need for any vegetation removal and will be buffered from Line 9 South with mature trees; and, - The proposed new garage is of a size that is scaled appropriately based on the size of the property. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the location and size of the property, surrounding properties, the size of the building in relation to the existing dwelling, where the building is proposed to be situated, and its proximity to the street, and are satisfied that the accessory building is not out of character on the property. It will be located approximately 15.24 metres (50.0 feet) from Line 9 South with mature vegetation throughout the lot. Staff is of the opinion that the building is proposed to be located in an area that is well suited for its' use as a garage, will maintain the existing vegetative buffer, and is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances to the height and size are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties or on the natural heritage features. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 Development Services May 1, 2024 Report No. DS2024-062 Page 5 of 10 Page 164 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... • Lake Simcoe Protection Plan • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects— No objection. • Township Building Division — No comments. • Lake Simcoe Region Conservation Authority— No objection. Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Site Plan Schedule 3: Elevation Drawings Schedule 4: Floor Plans Conclusion Planning Staff recommends that Minor Variance Application 2024-A-13 be approved, specifically to permit construction of a detached accessory building with an increased height of 6.65 metres (21.8 feet) and an increased floor area of 222.2 square metres (2,392.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, April 24, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services April 26, 2024 Development Services May 1, 2024 Report No. DS2024-062 Page 6 of 10 Page 165 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Aerial Photo r o r C J b t0 - - - ff Aerial '�V Q Subject Lands lY�/�i IC'lxtl Proud Heritage,Exciting haw, 0 100 Ill File Number:2024-A-13 I it ill Development Services May 1, 2024 Report No. DS2024-062 Page 7 of 10 Page 166 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan MOGE ROAD E. 1 I, �y4 t' Proposed Detached Accessory Building /P Tounul,ipoj Site Plan Proud Heritage,h'xcitin-q Futurr File Number:2024-A-13 Development Services May 1, 2024 Report No. DS2024-062 Page 8 of 10 Page 167 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Elevation Drawings F 7-7 `. lll l`f 1�1111 Il��lT11�`I7`I11fi�CI`I - - �r u u HE tea,. Elevations Township of Proud Heritage,F.xriting Frrturr, He Number:2024-A-13 Development Services May 1, 2024 Report No. DS2024-062 Page 9 of 10 Page 168 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Floor Plans c i - I i Floor Plan Toumshi ''�� Proud Hcritagc,Exciting Futurr File Number:2024-A-13 Development Services May 1, 2024 Report No. DS2024-062 Page 10 of 10 Page 169 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... 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L Q L O V O n, J Page 176 of 239 6.i) 7.00 p.m. DS2024-062, Andy Karaiskakis, Manager, Planning Services ... ai 1- ° ° O O m }` Cu a) a) a) U) N > (n E E: U L a O N Q- O -0 0)� O O O H O O O L (6 O ° Q) U O �O a) O M M -0 a) L Ln a o � a L E c� U) a � L L L a) a) yr 0- O -0L ° �' CDL Oi --+ :3 6 y-+ V J a) O ca. a) �\ a) O CO o L N _ U o C a) C _0 L O O U Q) O O H O O � U En a) (D a) -0 CO ° a) r O E L t6 C O E a i o U � ca o Q Y CD � U _0 � c >, m O _� ) a) J a) L > L O Cn O L() O L- N Q) O L O U — O O CD- •� 0 a) O ca COa) zm U ❑ Cn Q UN O O LO p - � � a) � CDM w 0 >, U O N m >>o C' o (D LO M CD 0 0 -03 CO o Y a) N a) _0 te a— `� — o c � ° Cu M a) L a) N n .� o ° NQ � (!) i ❑ ° U O O MA O 0- O w O CDL E C .0 QMM M (A M a) a) Q O � CD En 0-0- O Z M O N 0 0 _a O — O a) Cu 0 0 L a) ° � ° � � ° � � � ° M Cu N cl Page 177 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: May 1, 2024 Report No.: DS2024-051 Subject: Consent Application 2024-B-04, Brian and Heather Flemming, 1787 Line 10 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-051 be received and adopted. 2. That Consent Application 2024-B-04 by Brian and Heather Flemming, to permit a boundary adjustment having a lot frontage of approximately 3.0 metres (9.84 feet), a depth of approximately 150.0 metres (492.1 feet) and an area of approximately 0.045 hectares (0.11 acres) to be added to the property described as Part Lot 9, Concession 11 West (Roll #4346-010-004-17300) be approved, subject to the conditions as outlined in Report DS2024-051. 3. The conditions for Consent Application 2024-B-04 are as follows: a) That the severed lands with an area of approximately 0.045 hectares (0.11 acres) be merged in title with the abutting property to the east, described as Part Lot 9, Concession 11 West (Roll # 4346-010-004-17300), and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. Development Services May 1, 2024 Report No. DS2024-051 Page 1 of 9 Page 178 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the right-of-way over the laneway shall remain in place for the benefit of the property at 1793 Line 8 North. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background '_J The subject property is located on Line 10 a North, has a lot area of 2.28 hectares (5.64 1 acres) and contains a single detached -- dwelling. On the property exists aright-of- way over a laneway that leads to - approximately 7.8 ha (19.3 ac.) landlocked parcel immediately east of the property and to the property to the north-east - 1793 Line 8 North. The location map and an aerial photo is included as Schedule 1. The aerial photo shows the small strip of land (laneway) to be severed. Old 11-1 R°.E. Development Services May 1, 2024 Report No. DS2024-051 Page 2 of 9 Page 179 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... The applicants are requesting consent to sever the small strip of land and provide it to the owner of the abutting landlocked property to the east who will then merge the small strip with their holdings to provide formal access to Line 10 North. This is considered to be a boundary adjustment, with the particulars noted below. Lands to be Severed from Lands to be Retained Total Merged lands 1787 Line 10 North and (1787 Line 10 North) (4346-010-004-17300) Added to the Parcel Immediately to the North of the Subject lands 4346-010-004-17300 Frontage: 3.0 m (9.84 ft.) Approximately 70.1 m 3.0 m (9.84 ft.) 229.00 ft. Depth: Approximately 150 m Approximately 150 m Approximately 676 m 492.1 ft. 492.1 ft. Irregular 2,217.85 ft. irregular Area: Approximately 0.045 ha Approximately 2.28 ha Approximately 7.815 ha 0.11 ac. 5.64 ac. 19.3 ac. Use: Right-of-WayAccess Residential Woodlands No new lots are proposed as a result of the boundary adjustment/lot addition. The •� ~ ' purpose of the boundary - ' adjustment is so the applicants can provide their neighbour with deeded access to their landlocked parcel. The ' Lane Way Lands to be Added to Benefitting Parcel neighbour currently enjoys a formal right-of-way, but would like to have a deeded access. The right-of-way for the benefit of 1793 Line 8 North will remain in place. Benefitting Parcel ti Retained Lznds Aerial p Subject Lands 0;'o //r �iii�/e• _y Severed lands Development Services May 1, 2024 Report No. DS2024-051 Page 3 of 9 Page 180 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staff's opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Provincial Policy Statement (PPS) 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) Lot adjustments may be permitted for legal or technical reasons including boundary adjustments which do not result in the creation of a new lot. Planning Staff is of the opinion that this application for a boundary adjustment is minor in nature, does not change the character of the properties and is consistent with the PPS and Growth Plan. County Official Plan The severed lands and the benefitting lands are designated `Greenlands' in the County of Simcoe Official Plan. Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation". The purpose of this application is to create an access to a land locked parcel of land, which is viewed as a technical reason. No new lots are being created. In Planning Staff's opinion, the proposed consent conforms to the policies of the County Official Plan. Notice of this application has been circulated to the County, but as of the preparation of this report County Staff have not provided any comments; Council should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Greenlands' in the Township's Official Plan. The `Greenlands' section is silent with respect to boundary adjustments; as such, Planning Staff will rely on Section 4.8.7 which contains policies relating to boundary adjustment and states that "a consent may be permitted for the purpose of modifying lot boundaries. Other than where a boundary adjustment establishes frontage on a year- round maintained road for a previously landlocked parcel, no building lot shall be created through a boundary adjustment." (p.55). Planning Staff is of the opinion that this application, if approved, will not affect the viability of the use of the properties affected as intended by the Official Plan. Development Services May 1, 2024 Report No. DS2024-051 Page 4 of 9 Page 181 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... On the basis of the preceding, it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Zoning By-law 97-95 The subject property is predominantly zoned "Mineral Aggregate Resource Two (MAR2)" with a small portion at the west end of the property zoned "Agricultural/Rural (A/RU)" in the Township's Zoning By-law 97-95, as amended. The severed parcel once merged with the abutting lands and the retained parcel would comply with the provisions of Zoning By-law 97-95, as amended. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Goal of the Plan: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No objection. New owner will have to obtain an entrance permit for a new access if created. • Township Building Department— No Comments • Township Development Engineering — No Comments • Enbridge Gas— No objection Development Services May 1, 2024 Report No. DS2024-051 Page 5 of 9 Page 182 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... Attachments Schedule 1: Aerial Photo of Subject Parcel Schedule 2: Proposed Boundary Adjustment Schedule 3: Applicant Sketch Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-04 for the purposes of a boundary adjustment (creation of a deeded access to a land locked parcel) be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, April 22, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager Planning Services April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 26, 2024 Development Services May 1, 2024 Report No. DS2024-051 Page 6 of 9 Page 183 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph i n Ad W. sA - ifs A , 5 r- ^O v '' a n '�t i b ax Aerial ` 0 Subject Lands Tinatt hipvc� Severed Lands Proud Heritage,Exciting Future 0, 100 rn File Number:2024-B-04 ti Development Services May 1, 2024 Report No. DS2024-051 Page 7 of 9 Page 184 of 239 6 J) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Proposed Boundary Adjustment i i i i i •mac -- __-- - --_ _-_-_--=_-_-=—_---__--___�— - 1 �l ® Subject Lands Q Severed Lands Development Services May 1, 2024 Report No. DS2024-051 Page 8 of 9 Page 185 of 239 6.j) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Consent Sketch '� .i.• �' a ^► .•��C,�'M f #''r�'r '_ Proposed parce sC�iered approx 3m•" r L ' wide x {rpm long ne ar • �`{ �' 0000, .e - 4. •►:r - ,�+ ram';" .� ` ,", Ilk Development Services May 1, 2024 Report No. DS2024-051 Page 9 of 9 Page 186 of 239 6.j) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... I ------.- I o x 1 1 , 1 � 1 "° ah o .o $- o '— J U •� U Z M }, O o :3 c� U .U (� a co . . . . -� cv . . 0� — o • • Q a .- 0 C� a O i J N � Page 187 of 239 6.j) 7.10 p.m. DS2024-051 , George Vadeboncoeur, Manager, Planning Specia... 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W L Q = ~ G 70 ^ V O ( O M M � a c6 }, O O N �, _ N 70 O , M O 1 s N >p N n 0 C'7 O i= (V LO 70 := C C U E C) OL N a) o :3 U s N 4- � CD o � 3 � a�im0 Q- s = ° o M o c- V a' o OL _ O N U ca O -W Q C N -0 cn — = N a `i CO >CL O � Q � a o m OL � o enm •° 70 a _ M U) r.L (6 C U) CA � ^ - > U . . r� o p 0 (n Z LO0 a >, L � 70 � 0) - a - L O Q O LO N Q > a' O O N O N ++ L a) N L N L :> C6 L ~ H O7 >, i - 7 N Page 193 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... -�(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: May 1, 2024 Report No.: DS2024-055 Subject: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-055 be received and adopted. 2. That Minor Variance Application 2024-A-01 by Susan Creighton & Jeffrey Moulton specifically for permission to build a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area of 258.6 square metres (2,784.0 square feet), on lands municipally known as 360 Ingram Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-055. 3. The conditions are as follows: a) That notwithstanding Section 5.1.1, Section 5.1.4, Section 5.1.6, Section 5.4 and Section 5.4 (c), the detached accessory building and apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the detached accessory building and apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for commercial purposes or for a home industry; Development Services May 1, 2024 Report No. DS2024-055 Page 1 of 16 Page 194 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance ... d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township for all buildings/structures over 15.0 square metres (161.5 square feet) that were constructed without a permit; e) That the applicants enter into a development agreement to ensure that the proposed development adheres to the proposed development plan and follow the prescribed recommendations listed in the Environmental Impact Study prepared by Sumac Environmental Consulting, dated April 2024; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to facilitate the construction of an accessory building through the minor variance process to allow for a garage with a second storey residential unit. The subject property is located in the northern portion of the municipality and has a lot area of 17.8 hectares (44.07 acres) and contains a single detached dwelling and several detached accessory buildings/structures. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. r "~ This Minor Variance application 2024-A- _- Ingram Ra. 01 went to Development Services Committee on February 7, 2024 and was deferred to provide the applicants with the opportunity to address the following considerations: 1) Address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans through the submission of an Environmental Impact Study (EIS); and, 2) Provide Planning Staff with the required information to complete the Minimum Distance Separation (MDS) calculation from the neighbouring livestock facility. Development Services May 1, 2024 Report No. DS2024-055 Page 2 of 16 Page 195 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... The applicants have provided additional MDS information and submitted an Environmental Impact Study (EIS) in support of the application, subject to a list of recommendations. The results of the EIS and MDS calculations will be discussed in the following sections of the report along with the Minor Variance Proposal. Minor Variance Application Proposal The applicants are proposing to build a detached accessory building with a 2nd storey accessory dwelling unit. The applicants have revised their original site plan to reflect staff comments to ensure that the building is located within the residential cluster on the property to address Section 2.13.13.7 and Section 4.9.9 of the Township's Official Plan. The applicants revised site plan proposes to locate the accessory closer to the existing single detached dwelling so as to utilize the existing driveway instead of a separate access from Ingram Road (Schedule 3). The proposal requires specific relief from the following sections of Zoning By-law 97-95, as amended: ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED Section Uses Permitted in Not to be used for Proposed to contain an 5.1.1 Detached human habitation. apartment dwelling unit. Accessory Buildings Section Maximum Height 4.5 metres 8.4 metres (27.6 feet) 5.1.4 14.7 feet Section Maximum Floor 70.0 square metres Proposed: 5.1.6 Area (753.5 square feet) 1 st floor garage: 129.3 sq.m. (1,392.0 sq.ft.) 2nd floor: 129.3 sq.m. (1,392.0 sq. ft.) 2nd floor deck: 88.6 sq.m. (954 sq.ft.) Total floor area: 258.6 sq.m. 2,784.0 sq.ft. Section Apartment Permitted in a single Proposed to be located in a 5.4 Dwelling Units detached dwelling. detached accessory Accessory to a building. Single Detached Dwelling Section Maximum Floor 70.0 square metres 258.6 square metres 5.4 (c) Area of the (753.5 square feet) (2,784.0 square feet) Apartment Dwelling Unit Development Services May 1, 2024 Report No. DS2024-055 Page 3 of 16 Page 196 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Additional Residential Units On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans. The Planning Act provides specific direction related to additional residential units to ensure that such units are serviced appropriately and scaled appropriately to ensure that the properties can accommodate the uses. The subject lands are located in a rural area and are serviced by a private well and private sewage system. The applicants will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has one driveway that would provide access to the existing single detached dwelling and proposed accessory building. There is plenty of space for parking along the existing driveway and proposed driveway extension. Based on the above, the proposal is in-line with Province's objective to provide for an additional dwelling. Four Tests-Planning Act Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 1, 2024 Report No. DS2024-055 Page 4 of 16 Page 197 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... Do the variances conform to the general intent and purpose of the Official Plan? County Official Plan The subject lands are designated `Greenlands', with a very small section designated `Rural', in the Simcoe County Official Plan (Schedule 6). The proposed accessory building is located within the Greenlands Designation. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands, among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Study (EIS). The applicants retained Sumac Environmental Consulting who prepared an Environmental Impact Study, dated April 2024, in support of the Minor Variance application to permit construction of a detached accessory building. Based on the Natural Heritage features on the property, the EIS identified recommendations needed to facilitate the proposed development to avoid negative impacts to the overall form and function of the identified natural heritage features (significant woodlands and unevaluated wetlands) on the subject property. Specific conditions that will need to be addressed include the following: • Warm coloured and low lumen lighting directed away from woodland should be used in the design of the proposed coach house to limit light spill and pollution. • Incorporate supplemental plantings within the existing woodland communities located directly adjacent to the disturbance, where feasible. • Tree preservation hoarding should be installed along the dripline of trees to be retained, at a minimum. • Native shrubs and groundcover should be left intact wherever possible. • Stumped trees located within 5m of the `new' edge should not be grubbed, where feasible. • Some of the trees removed as part of the proposed development should be chipped and used as mulch for individual plantings. • The remaining trees should be felled and strategically placed on-site within the existing natural heritage system in an effort of maintaining the site's biomass. • Replant fast-growing and shade tolerant trees and shrubs along the `new' edge, where feasible. • Pruning shallow rooted trees (if present) along the `new' edge such that they can be retained. This may include tree topping at the discretion of the certified arborist, where appropriate. • All disturbed portions of the subject property remaining post-construction should be reseeded and planted with native non-invasive vegetation immediately following the completion of site works. Development Services May 1, 2024 Report No. DS2024-055 Page 5 of 16 Page 198 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... • An emergency response plan should be prepared for all works involving machinery in case of fluid leaks. • All machinery should be kept in a clean condition and free of fluid leaks. • Washing, fueling and servicing machinery should not occur within 30 m of aquatic features. • Stockpiling of ill and/or construction material should not occur within 30 m of aquatic features. • Avoidance of vegetation clearing between April 5 and August 28 of any given year. • Avoidance of site works between April 15 and September 30 of any given year. • Supplemental deer feeding is strongly discouraged as this practice may negatively impact deer migration, increase risk of localized traffic hazards and contribute to disease transmission. • Encountered wildlife should be allowed to exist the site on their own, via safe routes, or be removed/relocated by qualified wildlife service providers working in accordance with applicable laws. Planning Staff are recommending that as a condition of approval of the minor variance, that recommendations identified within Environmental Impact Study prepared by Sumac Environmental Consulting dated April 2024 be implemented through a Development Agreement to ensure that negative impacts to the overall form and function of the identified natural heritage features will be appropriately mitigated. Based on the above, Planning Staff are of the opinion that the proposed accessory building conforms to the County's Official Plan. Township Official Plan Similar to the County Official Plan, the subject lands are designated `Greenlands' in "Schedule A of the Township's Official Plan (2022), which also provides specific direction with respect to additional residential dwelling units. The `Greenlands' designation requires additional information in the form of Environmental Impact Study to ensure that there are not any negative impacts to Natural Heritage Features on the property. As noted above, the EIS submitted in support of the application, satisfies environmental considerations provided that specific recommendations are implemented. In addition, Section 4.9 of the Township Official Plan contains detailed policies with respect to additional dwelling units. Planning Staff have reviewed these policies against the applicant's proposal and are of the opinion that an additional residential unit in a detached accessory building on the applicant's property would conform with the Townships Official Plan as the additional residential unit would be contained within the residential cluster and can be serviced appropriately through a private well and septic system. Development Services May 1, 2024 Report No. DS2024-055 Page 6 of 16 Page 199 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. Accessory structures are permitted within the (A/RU) Zone subject to maximum height and gross floor area provisions. The purpose of these provisions are to ensure that detached accessory buildings remain secondary/subordinate, in both their appearance and use, to the main residential use of the lot. In addition the zoning by-law permits an apartment dwelling unit within a single detached dwelling in the Agricultural/Rural Zone pursuant to Section 5.4. The proposed detached accessory building is smaller than the existing single detached dwelling which has a gross floor area of approximately 285.8 square metres (3,076.0 square feet) with a 76.9 square metres (828.0 square feet) attached garage, according to MPAC information. The accessory building's smaller size and its location setback from the road will ensure that it will remain secondary to the primary residential use. The inclusion of the additional residential unit does not deter or compete with the main house on the property as it is contained within the foot-print of the proposed accessory building. In addition, the changes to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, Planning Staff are of the opinion that the proposed accessory building and additional residential unit maintain the intent of the zoning by-law as they will be subordinate to the main residential use on the property. Minimum Distance Separation (MDS) The applicant has provided the requested information for the MDS Calculations (livestock numbers and sizes as well as the type of manure storage). Based on this information, Planning Staff have generated MDS calculations, which confirm that the accessory building and additional residential unit conform to the required MDS setbacks from the neighbouring livestock facility located across the road, at 387 Ingram Road. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the rural area. Due to the size of the lot, the location of the accessory building and the existing vegetative buffer, Planning Staff believe that the detached accessory building is appropriate within the context of rural area. Development Services May 1, 2024 Report No. DS2024-055 Page 7 of 16 Page 200 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties or on the natural heritage features. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects— No comments. • Township Building Division - Please make a condition that all buildings constructed without a permit obtain a building permit. No other conditions would be required. Owner/applicant to be aware that a building permit and septic permit would be required for the proposed construction. Development Services May 1, 2024 Report No. DS2024-055 Page 8 of 16 Page 201 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... • Nottawasaga Valley Conservation Authority - As the proposal is outside of our regulated features we have no concerns. Relevant Information/Reports • Development Services Staff Report dated February 7, 2024 Link to Report Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan/Detailed Site Plan (Revised) Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: County Official Plan — Land Use Schedule 7: Township Official Plan — Natural Heritage Features Conclusion Planning Staff recommend that Minor Variance Application 2024-A-01 be approved, specifically to permit construction of a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area of 258.6 square metres (2,784.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, April 23, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 25, 2024 Development Services May 1, 2024 Report No. DS2024-055 Page 9 of 16 Page 202 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 1: Location Map ouLis-Rd-F 164 Mount.St.- r 224 151 - onmM vellm qa.W. X 7 o108anw qa 169 99 4560 w,ase qa.w. 4445 410 26 453b I` 360��f 4443 440 502 10 Ingram I 395 l 387 455 Z i 525 35 455 �---� C 4378 4363 4328 4256 4295 LLL4212� Location 0 Subject Lands TnwasDipnf Paned Heritage,Exciting Fntm, 0 loom File Number:2024-A-01 Development Services May 1, 2024 Report No. DS2024-055 Page 10 of 16 Page 203 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 2: Aerial Photo w,9 ry � r -fr n �'F. ; y'' 'ss�'1F •i J J x t. t• ,�, �+ e ray. � � Y> �r w _. � . 4 �� Ingr'am.Rd. z W. AMR Aerial Q Subject Lands Proud Heritage,Exciting Futrnr 0 100 m File Number:2024-A-01 N II�LJI Development Services May 1, 2024 Report No. DS2024-055 Page 11 of 16 Page 204 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance Schedule 3: Applicant's Site Plan/Detailed Site Plan (Revised) N T, I- !r Site Plan OAaz&� Proud Heritage,Exciting Faturc File Number:2024-A-01 Development Services May 1, 2024 Report No. DS2024-055 Page 12 of 16 Page 205 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 4: Elevation Drawings Front Elevation: 7-77 7TITA Lek Elevation: t - Rear Elevation: Right Elevation: Elevations Toumuhi ~�� Proud Heritage,Exciting Futurr He Number:2024-A-01 Development Services May 1, 2024 Report No. DS2024-055 Page 13 of 16 Page 206 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 5: Floor Plans Main Floor: 1 ___________-__ _______________ Second Floor: s .._.... -. i Floor Plan ~�! Toumship of Proud Hcritagc,Exciting Futurr File Number:2024-A-01 Development Services May 1, 2024 Report No. DS2024-055 Page 14 of 16 Page 207 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 6: County Official Plan — Land Use Y� Ad County of Simcoe — Land Use ^� ^�=3 Subject Lands �_� County Official Plan Land Use-Lands Under Appeal Points Under Appeal Agricultural �` e Greenlands Proud Heritage,Exciting Future _ Rural 0 100 M File Number:2024-A-01 Development Services May 1, 2024 Report No. DS2024-055 Page 15 of 16 Page 208 of 239 Ta) DS2024-055, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 7: Township Official Plan — Natural Heritage Features 1 �.Rd.E. �j old 6gr,e Rd."d Ob W.ne RE.E. T Rd t - Ib � Ingram_Rd. ii ti I — Township Official Plan - Natural Heritage, Water Resources and Natural Hazards C*J Subject Lands MNR Un-Evaluated Wetlands Permanent Streams Intermittent Streams ~� Woodlands /QRT�n�—�����V�GG�� Treed v� Foam,Hedgerow Pro, Heritage,Exciting Fnlr Plantation 0 300 m File Number:2024-A-01 N J Development Services May 1, 2024 Report No. DS2024-055 Page 16 of 16 Page 209 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... WON(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: May 1, 2024 Report No.: DS2024-061 Subject: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro) Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-061 be received and adopted. 2. That Minor Variance Application 2024-A-07 by Garrett Hookey specifically for permission to build a single detached dwelling with a reduced setback of 20.0 metres (65.6 feet) from the top of bank of the watercourse and build a detached accessory building with an increased height of 4.9 metres (16.0 feet) and an increased floor area of 185.8 square metres (2,000.0 square feet), on lands legally described as Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-061. 3. The conditions are as follows: a) That notwithstanding Section 5.32, Section 5.1.4 and Section 5.1.6, the single detached dwelling and detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the single detached dwelling and detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; Development Services May 1, 2024 Report No. DS2024-061 Page 1 of 14 Page 210 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicant satisfy the permits and approvals required from the Nottawasaga Valley Conservation Authority in accordance with the NVCA's letter dated April 18, 2024; e) That the applicants enter into a Development Agreement with the Township to implement the prescribed recommendations listed in the Environmental Impact Study prepared by Sumac Environmental Consulting, dated April 2024; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background Minor Variance application 2024-A-07 went to Development Services Committee on March 6, 2024 and was deferred to provide the applicant with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans and to address the -- - -- - Nottawasaga Valley Conservation Authority's (NVCA) comments. The �= applicant submitted a Meander Belt Review letter to address the NVCA's comments and an Environmental Impact Study (EIS) in support of the application, subject to a list of recommendations. The results of the Meader Belt Review letter and EIS will be discussed in the following sections. The subject property has a lot area of 0.73 hectares (1.81 acres) and is currently vacant. The location map is included as Schedule 1 to this report. Environmental features consisting of wetlands, watercourse and significant woodlands are located in close proximity to the subject lands: Development Services May 1, 2024 Report No. DS2024-061 Page 2 of 14 Page 211 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... • Evaluated wetlands to the west, south and east; • Unevaluated wetlands to the west, south and east; • Significant woodlands to the west and east; and • Watercourse to the south. Proposed Minor Variance The applicant is proposing to build a single detached dwelling and detached accessory building (garage). The applicant is seeking relief to the following sections of Zoning By- law 97-95: ZONING BY-LAW 97-95 ZONE PROVISION SECTION PERMITTED/ PROPOSED REQUIRED Setback from 5.32 30.0 metres 20.0 metres Watercourses (Dwelling) (98.4 feet) (65.6 feet) Detached Accessory 5.1.4 4.5 metres 4.9 metres (16.0 Building - Maximum Height (14.7 feet) feet) Detached Accessory 100.0 square metres 185.8 square Building - Maximum Floor 5.1.6 metres Area (1,076.4 sq ft) 2,000.0 sq ft The applicant's site plan, rendering and floor plan are included as Schedules 2, 3 and 4 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 1, 2024 Report No. DS2024-061 Page 3 of 14 Page 212 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Provincial Policies The Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe ("Growth Plan") establish policies intended to provide policy guidance regarding various Provincial interests including, but not limited to Rural Areas, Natural Heritage, Water and Natural Hazards. The purpose of the policies is to ensure that land use decisions are consistent with Provincial objectives and to ensure that proper justification is provided so that Provincial Interests are being maintained. In accordance with Schedule C — Natural Heritage, Water Resources and Hazards of the Township's Official Plan, the subject lands are surrounded by evaluated wetlands, unevaluated wetlands, significant woodlands and a watercourse (See Schedule 5). The natural heritage policies state that development and site alteration shall not be permitted in or adjacent to key natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The applicants retained Sumac Environmental Consulting who prepared an Environmental Impact Study, dated April 2024, in support of the Minor Variance application to permit construction of a single detached dwelling and detached accessory building. They concluded that significant impacts to the identified natural heritage are not anticipated, should the applicant adhere to the proposed development plan and follow the prescribed recommendations listed in the EIS. Planning Staff recommend that as a condition of approval of the Minor Variance, the applicants shall enter into a Development Agreement with the Township to adhere to all the recommendations listed in the EIS. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The applicant submitted a meander belt review letter to the NVCA to address their original comments. The NVCA reviewed the additional information and provided revised comments dated April 18, 2024 (see Schedule 6) indicating that they have no objections to the approval of the application. Based on the above, it is Planning Staff's opinion that the proposed minor variances are consistent with the PPS and conform to the Growth Plan as the proposed development is not anticipated to have an adverse impact on the natural heritage features provided the applicants implement the proposed recommendations contained in the EIS. Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Greenlands' in "Schedule A— Land Use" of the Township's Official Plan (2022). In accordance with Schedule C — Natural Heritage, Water Resources and Hazards, the subject lands are located adjacent to evaluated wetlands, unevaluated wetlands, significant woodlands and a watercourse, see Schedule 5 to this report. The applicants submitted an EIS in support of their application, which states that no adverse impacts on the natural heritage features are Development Services May 1, 2024 Report No. DS2024-061 Page 4 of 14 Page 213 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... anticipated provided that the applicants adhere to the proposed development plan and follow the prescribed recommendations listed in the EIS. Based on the preceding, Planning Staff is satisfied that the proposed single detached dwelling and detached accessory building would conform to the general intent and purpose of the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. The applicant is proposing to build a single detached dwelling with a reduced setback from the top of bank of the watercourse from 30.0 metres (98.4 feet) to 20.0 metres (65.6 feet). The general intent of the Zoning By-law in requiring the minimum setback of 30.0 metres (98.4 feet) from a watercourse is to ensure that development maintains an adequate distance from potentially sensitive natural features, as well as to protect development from flooding and erosion hazards. As mentioned in the previous sections, the applicant submitted a Meander Belt Review letter and Environmental Impact Study (EIS) in support of the application, subject to the applicant adhering to the proposed development plan and following the prescribed recommendations listed in the EIS. The applicant has requested relief from the Zoning By-law to permit the construction of a detached accessory building with an increased floor area and increased height. According to the Township's Zoning By-law, a detached accessory building is permitted in the A/RU Zone pursuant to Section 5.1. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the character of the area. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicant has requested a variance to permit a height of 4.9 metres (16.0 feet). A detached accessory building in the Agricultural/Rural (A/RU) Zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The applicants are proposing to build a one storey detached accessory building with a floor area of 185.8 square metres (2,000.0 square feet). The detached accessory building is proposed to be smaller than the one and a half storey single detached dwelling which is proposed to have a floor area between 278.7 square metres (3,000.0 square feet) and 371.6 square metres (4,000.0 square feet). The accessory building's smaller size and its location at the rear of the lot, behind the dwelling, will ensure that it will remain secondary to the primary residential use. Based on the above, Planning Staff is satisfied that the proposed single detached dwelling and detached accessory building would conform to the general purpose and intent of the Zoning By-law. Development Services May 1, 2024 Report No. DS2024-061 Page 5 of 14 Page 214 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the rural area. The subject lands are located in a rural area where large agricultural buildings are common. Surrounding properties that are zoned Agricultural/Rural and have a minimum lot area of 2.0 hectares (4.9 acres) are permitted to have agricultural buildings; therefore, this oversized accessory building will not look out of place or detract from the rural character of the area. Furthermore, the detached accessory building will have a minimal impact from the road as it will be located to the rear of the dwelling, approximately 90.0 metres (295.3 feet) from the front lot line. Due to the location of the accessory building and the rural character of the area, Planning Staff believe that the proposed detached accessory building is appropriate within this context. A similar structure may not be supportable on every property within this area depending on the size and location. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties or on the natural heritage features. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services May 1, 2024 Report No. DS2024-061 Page 6 of 14 Page 215 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects— No objection. • Beausoleil First Nation — Expressed concerns that the proposed development is only 20 metres away from a watercourse and questioned whether an archaeological assessment would be required. • NVCA— No objection (see Schedule 6). Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Rendering Schedule 4: Floor Plan Schedule 5: Township Official Plan — Natural Heritage Features Schedule 6: Nottawasaga Valley Conservation Authority Comments Dated April 18, 2024. Conclusion Planning Staff recommends that Minor Variance Application 2024-A-07 be approved, specifically to permit construction of a single detached dwelling with a reduced setback of 20.0 metres (65.6 feet) from the top of bank of the watercourse and build a detached accessory building with an increased height of 4.9 metres (16.0 feet) and an increased floor area of 185.8 square metres (2,000.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, April 24, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services April 25, 2024 Brent Spagnol, RPP, Director, Development Services April 26, 2024 Development Services May 1, 2024 Report No. DS2024-061 Page 7 of 14 Page 216 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 1: Location Map xa.w.v a r 927 ova e,.w as m,m w.E. ua..a.w. 818 I 804 1 N 703 751 811 2056 1942 654 Location Q Subject Lands Totn�'E�`��`� (� Proud Heritage,Exciting helm, 0 loom File Number:2024-A-07 ti i i I Development Services May 1, 2024 Report No. DS2024-061 Page 8 of 14 Page 217 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 2: Applicant's Site Plan IiI..,. -•.., .� 1 J r --- --- posed detached 1- --Pcossory building ---- ------ Proposed IiIIi building envelope for the *'-f i --.._------ — single detached " dwelling i r i i i i Watercourse -.400%, Site Plan V 1'ou�Y��oJ IE��rIG(/yGi�� Proud Heritage,Excitirrq Futurr File Number:2024-A-07 Development Services May 1, 2024 Report No. DS2024-061 Page 9 of 14 Page 218 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 3: Rendering K�OGON -P R PART i I� 4.9 metres (16.0 feet) to mid-roof Toumuhip of Rendering Proud Heritage,Exciting Futurr File Number:2024-A-07 Development Services May 1, 2024 Report No. DS2024-061 Page 10 of 14 Page 219 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 4: Floor Plan ME=yHANICAL ROOM 2000 SQUARE FT HAND WASlU[VE WASH • N.T.S. 5' EQUIPMENT STORAGE/WORKSHOP 40' z 15' z Q � I Sn Floor Plans �"� 'edwite Proud Heritage,Exciting Fnturr File Number:2024-A-07 Development Services May 1, 2024 Report No. DS2024-061 Page 11 of 14 Page 220 of 239 - I'•. .•...::- '. - =` 4 1.r'�'�,'r1�'y�i(y� .:4 G ':fit-':• :.<r. ;('' •::� Ne AV- 7�'<..;.'.:: `,.AfG-:,,'`:..?" .?#�.''�I�,'' ..r,-''. •'`��.,�,,`I"'.tic'.::., :'''.'tlr•`:.:-.. Sv:.,;'yc.'i �. AtG' il�:cy :. IV 4uc 144 +':l ¢,,'.`',',':i$,.,f.., is .,u' .(4:`-��,j� '•:��:.,;aGt'�+�;���•''4/f".�,�i�;c '.1`' �`C�� a.:'3,/y%. Atr� jG U' �i aIV Z. v ytL' i TownshipOfficial r Natural Heritage, Water Resourcesr • Natural Hazards C*J Subject Lands Surface Water MNR Evaluated Wetlands Permanent Streams T, Woodlands M Treed Hedgerow 0 00 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 6: Nottawasaga Valley Conservation Authority Comments Dated April 18, 2024. i t' Nottawasaga Valley Conservation Authority April 18, ZOZ4 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL ZEO Attn: Andy Karaiskakis Secretary Treasurer planning`^a.oro-medonte.ca RE: Application for Minor Variance - Updated April Comments Town File No. 2024-A-07 703 Line 2 North NVCA ID #32241 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff are in receipt of a formal minor variance application to reduce the setback to a watercourse from 30m to 20m; increased height from 4.5m to 4.9m; and a maximum floor- area from 100sgm to 185.Ssgm on the lands located at 703 Line 2 N, Township of Or-o-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: • [Drawing] "Site Plan" Pearson Engineering [February 2024] • [Notice] "Minor Variance Application"Township of Oro-Medonte [February 21�, 2024] Staff has reviewed this application as per our delegated responsibility fi-om the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 41/24. The application has also been reviewed through our role as a public body under the Planning Act as per out, CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte. Ontario Regulation 41/24 1. NVCA mapping for- the property illustrates a meander erosion hazard associated with a tributary of Willow Creek. Previously, there was wetland interference hazard but due to O.Reg 41/24 coming into effect on April 1, 2024 that regulated limit dropped fi-om 17-0 metres to 30 metres. There is no longer a wetland interference hazard on the property. Due to the meander erosion, the subject property is partially regulated pursuant to Ontario Regulation 41/24 the Prohibited Activities, Exemptions and Permits Regulation. Nottawasaga Varney Conservation Authority 8195 8p°Line,Utopid,ON LOM 1TO T: 705-424-1479 F: 705-424-2115 adrnintTnvca on ca•nvca on ca A member of Cw::xrveGon Oita io Development Services May 1, 2024 Report No. DS2024-061 Page 13 of 14 Page 222 of 239 7.b) DS2024-061 , Catherine McCarroll, Senior Planner re: Minor Variance ... Application for Minor Variance-Updated April Comments Town File No. 2024-A-07 703 Line 2 North NVCA ID 432241 April 18,2024 2. Permits are r-equir-ed from the NVCA for any proposed development within regulated portions of this property. 3. Should the applicant intend to make further- changes, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine permit requirements. Provincial Policy Statement PPS (2020) 4. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under- the Planning Act. 5. The subject application would constitute as 'development' as it relates to determining consistency with PPS policy. Natural Hazard — ReQulatory Comments 6. A meander erosion assessment has been completed and no concerns are noted for- proposal. The watercourse is stable and does not pose a risk of meandering in the lifetime of the structure. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the minor variance application and based upon our mandate and policies under the Conservation Authorities Act. Given the comments above, the NVCA has no objections to the approval of the application. Please feel free to contact the undersigned at extension 233 or tboswell@nvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, j4� �?F6144,C14& Tyler Boswell Planner- cla: _ a!_ Development Services May 1, 2024 Report No. DS2024-061 Page 14 of 14 Page 223 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... WON(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: May 01, 2024 Report No: DS2024-049 Subject: Zoning By-law Amendment Application 2024-ZBA-01 Craighurst Limited Partnership Type: Requires Action Recommendation It is recommended: 1. That Report DS2024-049 regarding Zoning By-law Amendment Application 2024- ZBA-01 applying to lands located in Part Lots 41 and 42, Concession 1 EPR (Medonte), Township of Oro-Medonte, be received and adopted; 2. That Zoning By-law Amendment Application 2024-ZBA-01, which amends the Residential One Exception 301 (R1*301) and Residential Two Exception 343 (R2*343) Zones to permit the following be approved: 1) Section 5.9 — Permit a 1.5 metre (4.9 feet) encroachment into the required front and rear yards; 2) Section 5.20.2.3 — Permit a 1.2 metre (3.9 feet) interior side yard setback for driveways accessing a single detached or semi-detached dwelling; and, 3) Section 5.20.2.4 — Permit a driveway located within 10.5 metres (34.4 feet) of the intersection of the front lot line and exterior side lot line on a corner lot. Development Services May 1, 2024 Report No. DS2024-049 Page 1 of 16 Page 224 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... 3. That the street names "Ambassador Avenue", "Private McKay Drive", "Sinton Way", "Red Wing Crescent", "Midnight Way", "Bluenose Lane", "Northland Court", and "Capital Court" be assigned to the Craighurst Crossing subdivision. 4. That the appropriate staff bring forth the By-laws for Council's consideration. 5. And that the applicant be advised of the decisions under the Director, Development Services signature. Background The subject lands comprise of approximately 80.4 hectares • ` ' 198 acres), located in the 3566 � - - '�`� � ' Craighurst Settlement Area. 3536 3 , 3528 `q The Draft Approved Plan of •3524 (C 351a �a 3507 Subdivision attached as 3619 A 3499 3592 ,, 3491 Schedule 1 consists of 322 ,78-A single detached residential lots 3466 and 78 semi-detached '3458 residential lots. The 3442 ,922 1898 1856 1636 �3434 development is to be serviced ■3424' �, by municipally owned and 3A f & operated communal drinking -- 22 "°Seshoe a"eYR°_"`. water and communal waste i 1 983 fig water systems. In July 2023, the plan of subdivision was re-zoned Residential One Exception 301 (R1*301), Residential One Exception 301 — Holding 2 [R1*301(H2)], Residential Two Exception 343 (R2*343), Open Space Exception 311 — Holding 3 [OS*311 (H3)], Open Space Exception 311 and 344 — Holding 3 [OS*311 & *344(H3)] and Institutional Exception 345 (1*345) Zone. The proposed Zoning By-law Amendment makes three minor adjustments to the provisions of the Residential One Exception 301 (R1*301) and the Residential Two Exception 343 (R2*343) Zone as follows: 1) Section 5.9 — Permit a 1.5 metre (4.9 feet) encroachment into the required front and rear yards; 2) Section 5.20.2.3 — Permit a 1.2 metre (3.9 feet) interior side yard setback for driveways accessing a single detached or semi-detached dwelling; and, 3) Section 5.20.2.4 — Permit a driveway located within 10.5 metres (34.4 feet) of the intersection of the front lot line and exterior side lot line on a corner lot. Development Services May 1, 2024 Report No. DS2024-049 Page 2 of 16 Page 225 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... A Public Meeting regarding the proposed Zoning By-law Amendments was held on April 3, 2024, to receive comments from the Development Services Committee and the public with respect to the proposed amendments. No comments were received. This report has two purposes relating to the Craighurst Crossing Plan of Subdivision: 1. To analyze a request for a Zoning By-law Amendment and make recommendations to the Committee; and, 2. To analyze street names proposed by the applicant and make recommendations to the Committee. Each purpose will be analyzed separately. Analysis 1. Zoning By-law Amendment Planning Staff reviewed the proposed amendments to Zoning By-law 97-95, as amended, in the context of the overall draft plan of subdivision being located in a settlement area. The developer is proposing to develop a subdivision based on compact urban standards that can be achieved as a result of full municipal services being available. The street layout and lot fabric is efficient with a range and mix of residential types to allow affordable and market-based housing options. The current Zoning on the property reflects urban standards typical of subdivisions with higher densities. The changes being proposed are as follows: Section 5.9 Encroachment into the Required Front and Rear Yards Required: 1.0 metre 3.2 feet Proposed: 1.5 metre 4.9 feet Section 5.20.2.3 Side yard Setback for a Driveway Accessing a Single Detached or Semi-detached Dwelling Required: 3.0 metres 9.8 feet Proposed: 1.2 metres 3.9 feet Section 5.20.2.4 Driveway Setback from the intersection of the Front Lot Line and the Exterior Side Lot Line on a Corner Lot Required: 15.0 metres 49.2 feet Proposed: 10.5 metres 34.4 feet The applicant has provided the following plot plan that shows the proposed amendments described above. Development Services May 1, 2024 Report No. DS2024-049 Page 3 of 16 Page 226 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Sample Plot Plan: 1 1 g1 a NA. WWO q �6 1 l : Planning Staff have reviewed the proposed zoning amendments and are of the opinion that the proposed changes are minor, do not impact the boulevard in a negative manner, are consistent with the approved overall lot fabric for the development and represent good planning. 2. Street Naming In email correspondence submitted by Georgian Communities, dated February 23, 2024 (refer to Schedule 3), the applicant is requesting that the streets within this subdivision be named: • Street `A': Ambassador Avenue • Street `B': Private McKay Drive • Street `C': Sinton Way • Street `D': Red Wing Crescent • Street `E': Midnight Way • Street `F': Bluenose Lane • Street `G': Northland Court • Street `H': Capital Court Development Services May 1, 2024 Report No. DS2024-049 Page 4 of 16 Page 227 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Street `I': Acadian Lane In considering the proposed street name amendment, the Township of Oro-Medonte has the following Street Naming Policy in place: 1. When naming or changing street names in the Township, consideration be given to one of the following: a. A historic name which once identified the location; b. The surnames of local pioneer families in the immediate vicinity; c. Any prominent geographic, natural or practical feature which makes the location unique or identifiable; d. The names of local servicemen who made the ultimate sacrifice; e. The names of prominent former residents who contributed to the betterment of the Township through their community involvement, athletic or business achievements. 2. Where there are two or more proposed street names in a new development or plan of subdivision, at least one street name will have regard to the above criteria and the developer be encouraged to research the following resources: a. Oro-Medonte Historical Association; b. Simcoe County Historical Society; c. Simcoe County Archives & Township records (i.e. assessment rolls, historical publications); and, d. Local Registry Office (former land ownerships). 3. All proposed new street names shall be circulated to internal departments for review and comment prior to Council approval. 4. The duplication of street names used in adjacent municipalities shall be minimized as not to conflict with emergency response addresses. Circulation of proposed street names will be made by the Township to the neighbouring municipalities for comment when deemed appropriate. 5. A report will be submitted to Council for the approval of the proposed names. The applicant (Georgian Communities) in their email dated February 23, 2024, submitted documentation to substantiate their requested street names to confirm consistency with Section 1 of the Township's policy stated above. Development Services May 1, 2024 Report No. DS2024-049 Page 5 of 16 Page 228 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... PROPOSED STREET NAMES PROPOSED JUSTIFICATION STREET NAMES The proposed street name Private McKay is proposed in honour of Kevin McKay who lost his life on May 13, 2010 in the Afghanistan "Private McKay" War. He lived in the Horseshoe Valley area and went to W.R. Best Public School. The proposed street name Sinton represents a family who moved "Sinton" to Craighurst in 1938 and owned and operated the Esso Gas station and repair garage. "Red Wing' The proposed name Red Wing is named after the passenger train on the Canadian Pacific Railroad, operated in 1927-1958. "Capital" The proposed name Capital is named after the Canadian National Via Rail from 1978. The proposed name Bluenose is named after the passenger train "Bluenose" on the Canadian National Railroad, operated in/around 1956. "Midnight" The proposed name Midnight is named after the Dominion Atlantic Railway. The proposed name Northland is named after the Canadian "Northland" National Via Rail from 1978. "Acadian" The proposed street name Acadian is named after the passenger train on the Canadian National Railroad, operated in 1927-1930. The proposed name Ambassador is named after the passenger "Ambassador" train on the Canadian National Railroad and others, operated in 1927-1966. Planning Staff is of the opinion that the proposed names meet the intent of the street name policy and recommend that they be approved by Committee. Financial/Legal Implications/ Risk Management There are potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation Planning Act Development Services May 1, 2024 Report No. DS2024-049 Page 6 of 16 Page 229 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Provincial Policy Statement 2020 Growth Plan 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 Street Naming Policy Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of the application was circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comment has been received: Enbridge Gas - do not object to the proposed application(s), however, we reserve the right to amend or remove development conditions. The proposed street names were circulated to internal departments and to surrounding municipalities for comment. In response to the circulation, the following comments were noted: • City of Barrie — no concerns • City of Orillia — Orillia has the following streets: North Street East / West and North Forest Court; different from Northland but close. • Township of Springwater— no concerns • Township of Severn — Severn has the following streets: North Crescent, North Valley Lane and North River Drive. • Township of Tay— no concerns • Fire & Emergency Services— no issues from Fire. Attachments Schedule 1: Approved Draft Plan Schedule 2: Proposed Zoning By-law Amendment Schedule 3: Street Naming Request Conclusion Planning Staff reviewed the Zoning By-law Amendment application and considered the comments received and in Staff's opinion, the application: • Does not impact the boulevard in a negative manner; Development Services May 1, 2024 Report No. DS2024-049 Page 7 of 16 Page 230 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... • Are consistent with the approved overall lot fabric for the development; • Represent good planning. Based on the above, Planning Staff recommend that the application be approved. Furthermore, it is recommended that the proposed street names for the Craighurst Crossing subdivision being "Ambassador Avenue", "Private McKay Drive", "Sinton Way", "Red Wing Crescent", "Midnight Way", "Bluenose Lane", "Northland Court", and "Capital Court" be approved by Committee. Respectfully submitted, George Vadeboncoeur, Manager, Planning Special Projects April 23, 2024 Approvals: Date: Andy Karaiskakis, RPP, Manager of Planning Services April 24, 2024 Brent Spagnol, RPP, Director, Development Services April 24, 2024 Development Services May 1, 2024 Report No. DS2024-049 Page 8 of 16 Page 231 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects Schedule 1: Approved Draft Plan II Sig Development Services May 1, 2024 Report No. DS2024-049 Page 9 of 16 Page 232 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Schedule 2: Proposed Zoning By-law Amendment The Corporation of the Township of Oro-Medonte By-Law No. 2024-046 A By-law to amend the zoning provisions which apply to lands at Part of Lots 11, 12, 13, 18 and 19, and all of Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33 and 34 and Part of Craig Street and Part of First Street, Registered Plan 91, and Part of Lots 41 and 42, Concession 1 E.P.R., and Part of the South Half of Lot 42, Concession 1, Geographic Township of Medonte, County of Simcoe 2024-ZBA-01 (Craighurst Limited Partnership) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Section 7.301 — Exceptions of Zoning By-law 97-95, as amended, is hereby further amended by adding the following in 1.2- Regulations for Single Detached Dwellings: "Minimum Setback Between a Driveway and Interior Lot Line 1.2 metres Maximum Encroachment for Architectural Features, Balconies and Porches 1.5 metres Minimum Setback Between a Driveway and the Intersection of the Front Lot Line and Exterior Lot Line 10.5 metres" 2. Section 7.343 — Exceptions of Zoning By-law 97-95, as amended, is hereby further amended by adding the following: "Notwithstanding the provisions of Section 5.0, General Provisions, the following provisions shall apply: a) Minimum Setback Between a Driveway and Interior Lot Line 1.2 metres b) Maximum Encroachment for Architectural Features, Balconies and Porches 1.5 metres" 3. Schedule "A" attached to By-law No. 2024-046 is declared to form a part of this By- law. Development Services May 1, 2024 Report No. DS2024-049 Page 10 of 16 Page 233 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 15t Day of May, 2024. The Corporation of the Township Of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services May 1, 2024 Report No. DS2024-049 Page 11 of 16 Page 234 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Schedule "A" To By-Law No. 2024-046 The Corporation of the Township of Oro-Medonte CGS, _ LJ Cr m i H c e 4 Horseshoe Valley Road RESIDENTIAL ONE EXCEPTION 301(RI'301)ZONE RESIDENTIAL TWO EXCEPTION 343(R2'343)ZONE This is Schedule "A" to By-Law 2024-046 passed the 1 It day of May, 2024 The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services May 1, 2024 Report No. DS2024-049 Page 12 of 16 Page 235 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Schedule 3: Street Naming Request CRAIGHURST CROSSING Proposed Street Names For New Development Original September 9,2022—Revised February 22,2024 I' GEORGIAN COMMUNITIFS Community Proposed Street Names CRAIGHURST CROSSING �ivr��'�ea��mte Raul HOUy..FstlWg Pu[urt �T,T-.1.1 o n �'°n ^s a'�-�Po °p Considering Street Naming Policy, s°I u a folbMnq °„i v f- n m.� Three Considerations Given �w�e a�r.�n.*r an m. sxnrm. —+cn mei.�ommwrtr a'wrremam.nmea«wv^a® 1. Local serviceman who made the ultimate sacrifice who lived in Horseshoe Valley. 2. Surname of a local family/early settlers who have given back to the n.lecai.9og1°rry 011lre Ilunie land owiud�u�- ^o�°„� community and area. >�°���;�°apt 3. Research of the history of Craighurst and the importance of the CPR -w am d z.o.��promao „gym railway. S.Rrapwl wil Wai%mlikGro C°usP 1°rlM yprvvald mr«Woaad rmrwc Some concerns were given with our initial proposed street names. Similar names exist. Omw�soua0ma P.(M6)H)-211= W ..ow-medonte— danta.onlLL3EU F:fro67 Yd!-0t93 Development Services May 1, 2024 Report No. DS2024-049 Page 13 of 16 Page 236 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Community Proposed Street Names CRAIGHURST CROSSING Summary Reference# Street Name Significance January 2024, Feedback 1 Private McKay Kevin McKay lost his life May 13,2010 in the Afghanistan War,he lived in City of Barrie:Private McKay Drive—similar to their existing City road Horseshoe Valley and went to W.R.Best Public School/Eastview "McKay Road" Secondary. Slnton The Sinton family moved to Craighurst in 1938,owned and operated the No concerns. Esso station and repair garage.Generous supporters of Royal Victoria Regional Health Cntre,Gilda's Club,Seasons Centre,Hospice,Juvenile e Diabetes,Dyslexic Learning Centre,and the Shriners Hospital. Red Wing Passengertrain on Canadian Pacific Railroad,operated in 1927—1958. No concerns. OCavalier Passenger train on Canadian National Railroad,operated in 1956-1989. City of orillia—similar to existing name. Bluenose Passengertrain on Canadian National Railroad,operated in/around 1956. No Concerns. 6 • Highlander Passengertrain on Canadian National Railroad,operated in/around 1952. Township,City of Barrie,City of Orillia:Highlander Way—similar to —sting names 7 0 Maple Leaf Passengertrain on Canadian National Railroad and others,operated 1937 City of Barrie,City oforillia—similar to existing names. —1960. 8 Acadian Passengertrain on Canadian National Railroad,operated 1927-1930. No concerns. 9 Ambassador Passengertrain on Canadian National Railroad and others,operated 1927 No concerns —1966. Community Proposed Street Names CRAIGHURST CROSSING Kevin McKay was killed in action in Afghanistan on May 13, 2010. Kevin, who grew up in Oro-Medonte Township's Horseshoe Valley and attended W.R. Best Public School and Barrie's Eastview Secondary School, was 24 years old when he was killed by an improvised explosive device while on his last night patrol,just two days before the end of his tour of duty. We would like to review the possibilities of keeping"Private McKay 00 's Drive", knowing Barrie has "McKay Road". Development Services May 1, 2024 Report No. DS2024-049 Page 14 of 16 Page 237 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... Community Proposed Street Names CRAIGHURST CROSSING F Stanley Sinton moved his three sons and wife to Craighurst from Shelburne in 1938. Having bought the Esso station and repair garage, the family settled in to work hard and create a real centre for community activity. Floyd and his brothers Allan and Jim, attended public school at the one-room schoolhouse in Craighurst, and then on to Barrie Central Collegiate. INV Floyd Sinton-"This man sure did a lot for his community,"said Oro-Medonte Mayor Harry Hughes. "With his bus company,he did a number of things above and beyond what a normal company would do.There was a lot of volunteer stuff he did—stuff for free that people would never know about. • • Sinton 410- Community Proposed Street Names CRAIGHURST CROSSING war SA nFr. Mary-(a E5 SrwH,c�(w%�EJ 7f.t'IDREt•ANk 2 COAL YOYL E` pM[TNORI ST CH✓RLN 19a TATp v/RlMOUSE �.CEMETAaYfNFAIO D15Y3 �.4 RAIK ELE v.�or 6:QAEWS Marc,ARMNQ(EL 6•yr T?ti ,: i.(JUEE� [ L T S HA E Q LAIHGS f)LAua+n,YH s 7ou,.o[,ri+nF roeLb.Vrt By 1906 Craighurst was the end of Boa LQ(�St�. i y [or µz the Canadian Pacific Railway line but *tc�DEo in that year the railroad was qD��E �■ t extended north-easterly and the L�¢� TO(✓NYN/rT OF FLOS "� - L New Development Site stations of Carley, Eady, and Medonte were built. 1 nRE3Yy1tq,+N eAr LwaLH S 1.FARe ER6 WN Z.ROYAL HOrcL.POfT OiFICE 2 SCHOJL 3.+a HY,-„u,,,YD,(youpp,,,,�RK„�,p 3CCOSKL HAL (RES.T.VRATT) The railway brought jobs, prosperity, S ORANGE IvnGE Y.3r.JA HES AN[LI[pf(+GENETER`( 4 FL ALKS fYITH 3Hpp S:ResraZ�v[fr 6.-Ill.- 4 L-SRW M,L L-KRg1Z eHRLL (e.(NDFP['KD6NTURDER cove TE11YlARS [ i qo and connected people to the outside Town/sq/� of aRo world. "o N./SR,P of ✓E SPR/J Lam= 39 �i7Jp�r.roily CoinPi's� .. . . ... . .`�°.38. Map;.Story of Oro Development Services May 1, 2024 Report No. DS2024-049 Page 15 of 16 Page 238 of 239 7.c) DS2024-049, George Vadeboncoeur, Manager, Planning Special Projects... ,,,dated __ '- Community Proposed Street Names CRA CROSSING T G Summary Reference# Street Name Significance Comment 1 Private McKay Kevin McKay lost his life May 13,2010 in the Afghanistan War,he lived in City of Barrie:Private McKay Drive—similar to their existing City road Horseshoe Valley and went to W.R.Best Public School/Eastview "McKay Road" Back Up: Secondary.Canadian National Railway 1927-1930 Adirondack 2 Sinton The Sinton family moved to Craighurst in 1938,owned and operated the No concerns. Esso station and repair garage.Generous supporters of Royal Victoria Regional Health Centre,Gilda's Club,Seasons Centre,Hospice,Juvenile Diabetes,Dyslexic Learning Centre,and the Shriners Hospital. 3 Red Wing Passenger train on Canadian Pacific Railroad,operated in 1927-1958. No concerns. 4 Capital Canadian National,Via Rail from 1978 Changed from Cavalier. 5 Bluenose Passenger train on Canadian National Railroad,operated in/around 1956. No Concerns. 6 Midnight Dominion Atlantic Railway Changed from Highlander. 7 Northland Canadian National Via Rail(from 1978) Changed from Maple Leaf. 8 Acadian Passenger train on Canadian National Railroad,operated 1927-1930. No concerns. 9 Ambassador Passenger train on Canadian National Railroad and others,operated 1927 No concerns —1966. CRAIGH__ ORTH Concept _ 2I Community Proposed Street Nam cRai HIND v Red Wing Crescent -� m —a a a ` g0 N c w � Ambassador Avenue LmtlscspW -EnrNonm.nlN- C oo w.. wwia c 1 Overall Proposed Street Names r N Sl.ples V !. WNI&ecY ,_ I I I .. Horseshoe Valley Road County Road No. 22 Development Services May 1, 2024 Report No. DS2024-049 Page 16 of 16 Page 239 of 239